CRL.M.C./1384/2018 of MOHIT KUMAR & ORS Vs GOVT OF NCT DELHI & ANR
Parties
- +CRL.M.C. 1384/2018MOHIT KUMAR & ORS (PETITIONER)
- GOVT OF NCT DELHI & ANR (RESPONDENT)
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+CRL.M.C. 1384/2018MOHIT KUMAR & ORS
..... Petitioners
Through:Mr. Ram Nath Singh Kushwaha, Adv.
versus
GOVT OF NCT DELHI & ANR..... RespondentsThrough:Mr. Arun Kr. Sharma, Addl. PP forthe StateMs. Sangeeta Rani Sharma, Adv. forR-2
CORAM:HON'BLE MR. JUSTICE SANJEEV SACHDEVAO R R%19.03.2018
Crl. M.A. No. 5042/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 1384/2018
1.The petitioners seek quashing of FIR No. 379 of 2015 underSections 498A/406/34 of the IPC Police Station Anand Prabat, Delhi, basedon settlement. It is contended that the FIR was lodged consequent to amatrimonial discord.
2.Learned counsels for the parties submit that the parties have settledtheir disputes and have amicably dissolved their marriage by mutualconsent and decree of divorce dated 06.10.2017 has been passed. totalsum of Rs. 3,25,000/- has been agreed to be paid to respondent no. 2. Asum of Rs. 2,25,000/- has already been paid and the balance sum of Rs.
1,00,000/- has been paid to respondent no. 2 by way of Demand Draft No.746261 dated 13.03.2018 issued by Bank of Maharashtra today in theCourt.
3.Respondent no. 2 is present in court in person, represented by hercounsel and she is identified by the Investigating Officer. She submits thatshe has settled the dispute with the petitioners and is agreeable to thesettlement and does not wish to press the criminal charges against thepetitioners any further. It is submitted on behalf of the parties that partieshad entered into the settlement on 07.11.2016 before the Delhi MediationCentre, Tis Hazari Courts, Delhi.
4.In view of the fact that the disputes between the petitioner andrespondent no. 2 emanate out of matrimonial discord and have beensettled, continuation of criminal proceedings will be an exercise in futilityand justice in the case demands that the dispute between the parties is put toan end and peace is restored; securing the ends of justice being the ultimateguiding factor. It would be expedient to quash the subject FIR and theconsequent proceedings emanating therefrom.
5.In view of the above, the petition is allowed. FIR No. 379 of 2015under Sections 498A/406/34 of the IPC Police Station Anand Prabat, Delhiand the consequent proceedings therefrom are, accordingly quashed.
6.Order Dasti under signatures of the Court Master.
MARCH 19, 2018
SANJEEV SACHDEVA, J