CRL.M.C./3210/2018 of RISHI SHAH & ORS Vs THE STATE ( GOVT OF NCT OF DELHI) & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 3210/2018

RISHI SHAH & ORS

..... Petitioners

ThroughMr. Rajan Bajaj and Mr. NamanGauba, Advs.Gauba, Advs.

versus

THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents

ThroughMr. Mukesh Kumar, Addl. PP for theStateMr. Gurpratap Singh, Adv. for R-2with R-2 in personStateMr. Gurpratap Singh, Adv. for R-2with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVAO R R

%01.06.2018

Crl. M.A. No. 11235/2018 (Exemption)

Allowed, subject to all just exceptions.

Crl. M.A. No. 11236/2018 (Exemption)

This is an application filed on behalf of petitioner no. 5 seekingexemption from personal appearance on the ground that she ispresently studying in United States and could not obtain leave totravel to India. For the reasons stated in the application, theapplication is allowed. Petitioner no. 5 is exempted from personalappearance. The application is disposed of.

CRL.M.C. 3210/2018

1.The petitioners seek quashing of FIR No. 338 of 2015 under

Sections 498A/406/34 of the IPC Police Station Rajendra Place, NewDelhi, based on settlement. It is contended that the FIR was lodgedconsequent to matrimonial discord.

2.Learned counsel for petitioner submits that petitioner no. 4 hasrecently got married and on account of the same could not be presentin Court. He prays for her exemption as well. For the above reasons,petitioner no. 4 is granted personal exemption from appearance.Affidavit of petitioner no. 4 has been filed.

3.Learned counsels for the parties submit that the parties havesettled their disputes and have amicably dissolved their marriage bymutual consent and decree of divorce dated 23.10.2017 has beenpassed. It is further submitted on behalf of the parties that parties hadentered into the settlement before the Delhi Mediation Centre, TisHazari Courts, Delhi on 05.08.2016. As per the settlement, totalsum of Rs. 6,75,000/- has been agreed to be paid to respondent no. 2.A sum of Rs. 5 lakhs has already been paid and the balance sum ofRs. 1,75,000/- has been paid to respondent no. 2 by way of DemandDraft No. 145969 dated 10.04.2018 issued by Federal Bank today inCourt.

4.Respondent no. 2 is present in court in person, represented byher counsel and is identified by the Investigating Officer. She submitsthat she has settled the dispute with the petitioners and is agreeable tothe settlement and does not wish to press the criminal charges againstthe petitioners any further.

5.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 infutility and justice in the case demands that the dispute between theparties is put to an end and peace is restored; securing the ends ofjustice being the ultimate guiding factor. It would be expedient toquash the subject FIR and the consequent proceedings emanatingtherefrom.

6.In view of the above, the petition is allowed. FIR No. 338 of2015 under Sections 498A/406/34 of the IPC Police Station RajendraPlace, New Delhi and the consequent proceedings therefrom are,accordingly quashed.

7.Order Dasti under signatures of the Court Master.

JUNE 01, 2018‘rs’

SANJEEV SACHDEVA, J