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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 26.09.2018
+ CRL.M.C. 4927/2018
VISHAL VINAY BHATT ORS ….. Petitioners
versus
STATE OF NCT OF DELHI ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Mr.Deepak Maharaj, Adv.
For the Respondent: Mr. Sanjeev Sabharwal,, Addl. PP for
the State with SI Amrender, P.S.Fatehpur Beri
Mr.Mahesh Verma, Advocate for R-2 with R-2 in
person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
26.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.32982/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4927/2018 Crl.M.A.32983/2018
1. Petitioners seek quashing of FIR No. 17 of 2017 under Sections
498A/406/34 of the IPC registered at Police Station Fatehpur Beri,
Delhi, based on a settlement. It is contended that the FIR was lodged
consequent to a matrimonial discord.
CRL.M.C. 4927/2018 Page 1 of 3
2. Learned counsel for the parties submit that parties have entered
into a settlement before the Delhi Mediation Centre, Saket Courts,
Delhi on 06.06.2017. Parties have already been divorced by way of a
decree of divorce by mutual consent, passed on 26.03.2018.
3. As per the settlement, a total sum of Rs. 6,50,000/- has been
agreed to be paid to respondent no. 2. A sum of Rs. 4,50,000/- has
already been paid and the balance sum of Rs. 2,00,000/- has been paid
in cash today outside the Court.
4. Respondent no. 2 is present in court in person, represented by
counsel and 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 criminal charges against the
petitioners any further. She confirms that she has received the entire
settlement amount.
5. In view of the fact that the disputes between the petitioners 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
quash the subject FIR and the consequent proceedings emanating
there from.
CRL.M.C. 4927/2018 Page 2 of 3
6. In view of the above, the petition is allowed. FIR No. 17 of
2017 under Sections 498A/406/34 of the IPC registered at Police
Station Fatehpur Beri, Delhi and the consequent proceedings
emanating there from are, accordingly quashed.
7. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
SEPTEMBER 26, 2018
rk
CRL.M.C. 4927/2018 Page 3 of 3