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Vikas Tiwari & Ors vs State & Anr on 10 October, 2018

$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:10.10.2018

+ CRL.M.C. 5199/2018
VIKAS TIWARI ORS ….. Petitioners
versus

STATE ANR ….. Respondents

Advocates who appeared in this case:

For the Petitioner : Mr. Chaman Sharma, Adv.

For the Respondents : Mr. Raghuvinder Verma, Addl. PP for the State
with ASI Ram Dass
Mr. Sanjay Kumar, Adv. for R-2 with R-2 in
person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

10.10.2018
SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 33996/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 5199/2018

1. Petitioners seek quashing of FIR No. 197 of 2017 under
Sections 498A/406/34 IPC registered at Police Station Gokal Puri,

CRL.M.C. 5199/2018 Page 1 of 3
Delhi, based on a settlement.

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have
settled their disputes before the Delhi Mediation Centre, Karkardooma
Courts, Delhi and settlement dated 12.07.2017 has been executed
between the parties. Copy of the same has been produced on record.
The same is taken on record. Parties have amicably dissolved their
marriage by mutual consent and decree of divorce dated 25.05.2018
has been passed.

4. As per the settlement, a total sum of Rs. 5 lakhs has been
agreed to be paid by the petitioners to respondent no. 2 in full and
final settlement of all the claims of respondent no. 2. A sum of Rs. 4
lakhs has already been paid and the balance sum of Rs. 1,00,000/- (in
cash) has been paid to respondent no. 2, today outside the Court.
Respondent no. 2 who is present in person acknowledges the receipt
of the entire amount of Rs. 5 lakhs.

5. Respondent No.2 is present in person, represented by her
counsel and is identified by the Investigating Officer. She submits
that she has settled her disputes with the petitioners and does not wish
to press charges against the petitioners and prosecute the complaint
any further.

6. In view of the fact that the proceedings emanate out of a

CRL.M.C. 5199/2018 Page 2 of 3
matrimonial discord and parties have fully and finally settled their
disputes and respondent No.2 has stated that she does not wish to
press the complaint any further and the fact that the parties have
already been divorced by way of a decree of divorce, passed on
25.05.2018, continuation of criminal proceedings will be an exercise
in futility and justice in the case demands that the dispute between the
parties is put to an end and peace is restored; securing the ends of
justice being the ultimate guiding factor. It would be expedient to
quash the subject FIR and the consequent proceedings emanating
therefrom.

7. In view of the above, the petition is allowed. FIR No. 197 of
2017 under
Sections 498A/406/34 IPC registered at Police Station
Gokal Puri, Delhi and the consequent proceedings emanating there
from are quashed.

8. Order Dasti under the signatures of the Court Master.

OCTOBER 10, 2018 SANJEEV SACHDEVA, J
‘rs’

CRL.M.C. 5199/2018 Page 3 of 3

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