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Waseem Khan vs State (Govt. Of Nct Delhi) & Anr. on 6 September, 2018

$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.09.2018

+ CRL.M.C. 4505/2018
WASEEM KHAN ….. Petitioner

versus

STATE (GOVT. OF NCT DELHI) ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr.S.K.Saroha, Adv.

For the Respondent: Mr. Sanjeev Sabharwal, APP for the
State with SI Davender, P.S.Dabri.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

06.09.2018
SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.1168 of 2014 under
Sections 498A/406/34 IPC, Police Station Dabri.

2. The subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioner submits that the disputes between
the parties have been settled before the Mediation Centre, Dwarka dated
21.06.2016. The parties have already divorced as per Muslim Law.

4. The respondent No.2 was to be paid a total sum of Rs.1,00,000/- in

CRL.M.C. 4505/2018 Page 1 of 2
full and final settlement of all her claims. A sum of Rs.50,000/- has already
been paid. The balance sum of Rs.50,000/- has been paid to the respondent
No.2 today in Court in cash.

5. Respondent No.2 is present in person, represented by counsel and
identified by the Investigating Officer. She acknowledges that she has
received entire amount of Rs.1,00,000/-. She submits that she has settled
her disputes with the petitioner and does not wish to press charges against
the petitioner and prosecute the complaint any further.

6. In view of the fact that the proceedings emanate out of a matrimonial
discord and the parties have fully and finally settled their disputes and the
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 as per
Muslim Law, 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.1168 of 2014
under Sections 498A/406/34 IPC, Police Station Dabri and the consequent
proceedings emanating there from are quashed.

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

SEPTEMBER 06, 2018/rk SANJEEV SACHDEVA, J

CRL.M.C. 4505/2018 Page 2 of 2

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