CRL.M.C./2633/2018 of MANISH GHAI & ORS Vs THE STATE NCT OF DELHI & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 2633/2018MANISH GHAI & ORS

..... Petitioners

ThroughMr. Arun Gaur, Adv.

versus

THE STATE NCT OF DELHI & ANR..... RespondentsThroughMr. G.M. Farooqui, Addl. PP for theState with ASI Hawa SinghMs. Geeta Vadehra, Adv. for R-2

CORAM:HON'BLE MR. JUSTICE SANJEEV SACHDEVAO R R%16.05.2018

Crl. M.A. No. 9345/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 2633/2018

1.The petitioners seek quashing of FIR No. 841 of 2014 underSections 498A/406/354/34 of the IPC Police Station Nihal Vihar, NewDelhi. It is contended that the FIR was lodged consequent to matrimonialdiscord.

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 23.03.2018 has been passed. It isfurther submitted on behalf of the parties that parties had entered into thesettlement before the Counselling Cell, Tis Hazari Courts on 18.07.2017.A total sum of Rs. 2 lakhs has been agreed to be paid to respondent no. 2. Asum of Rs. 1,25,000/- has already been paid and the balance sum of Rs.

75,000/- has been paid to respondent no. 2 by way of Demand Draft/PayOrder No. 224827 dated 16.04.2018 issued by Bank of Maharashtra todayin the Court.

3.Respondent no. 2 is present in court in person, represented by hercounsel and is identified by the Investigating Officer. She submits that shehas settled the dispute with the petitioners and is agreeable to the settlementand does not wish to press the criminal charges against the petitioners anyfurther.

4.In view of the fact that the disputes between the petitioners 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 there from.

5.In view of the above, the petition is allowed. FIR No. 841 of 2014under Sections 498A/406/354/34 of the IPC Police Station Nihal Vihar,New Delhi and the consequent proceedings there from are, accordinglyquashed.

6.Order Dasti under signatures of the Court Master.

MAY 16, 2018

SANJEEV SACHDEVA, J