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Vikram & Ors. vs The State (Nct Of Delhi) & Anr. on 26 July, 2018

$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 26.07.2018
+ CRL.M.C. 3668/2018
VIKRAM ORS ….. Petitioners

versus

THE STATE (NCT OF DELHI) ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioners : Mr.Malkhan Singh, Advocate.

For the Respondents: Mr. Sanjeev Sabharwal, APP for the
State with SI Baseer Singh, P.S.Mandir Marg.
Mr.Alphi Chugh, Adv. for R-2.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

26.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No.268 of 2014 under
Sections 406/498A IPC, Police Station Mandir Marg, based on a
settlement. It is contended that the FIR was lodged consequent to a
matrimonial discord.

2. As per the settlement, a total sum of Rs. 5,40,000/- was agreed
to be paid to respondent no. 2. The amount of Rs. 3,40,000/- has
already been paid to respondent no. 2. The balance amount of

CRL.M.C. 3668/2018 Page 1 of 3
Rs.2,00,000/- has been paid by way of Demand draft No.303305 dated
24.07.2018 drawn on Central Bank of India.

3. Learned counsels for the parties submit that the parties have
settled their disputes and have amicably dissolved their marriage by
mutual consent and decree of divorce dated 24.05.2018 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement before the Counselling Cell, Family Court,
Patiala House Courts, New Delhi dated 27.03.2018.

4. Learned counsels for the parties inform that other disputes
between the parties have also been resolved and proceedings have
been concluded on the basis of the subject settlement.

5. Respondent no. 2 who is present in court in person and
represented by counsel, is identified by the IO. Respondent no. 2
submits that she has settled the dispute with the petitioners and is
agreeable to the settlement and does not wish to press the criminal
charges against the petitioners any further.

6. In view of the fact that the disputes between the petitioner and
respondent no. 2 emanate out of a matrimonial discord and have been
settled, 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

CRL.M.C. 3668/2018 Page 2 of 3
quash the subject FIR and the consequent proceedings emanating
there from.

7. In view of the above, the petition is allowed. FIR No.268 of
2014 under Sections 406/498A IPC, Police Station Mandir Marg, and
the consequent proceedings emanating there from are accordingly
quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 26, 2018
rk

CRL.M.C. 3668/2018 Page 3 of 3

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