CRL.M.C./5143/2017 of ABHINAV TIWARI & ANR. Vs THE STATE GOVT OF NCT OF DELHI & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 5143/2017ABHINAV TIWARI & ANR.ABHINAV TIWARI & ANR.

..... Petitioners

Through:Mr. Rajiv R. Mishra and Ms. ShrutiSharma, Advs.Sharma, Advs.

versus

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

Through:Mr. Arun Kr. Sharma, Addl. PP forthe State with SI Sanju Rai SinghMr. Ashish Nayyar, Adv. for R-2the State with SI Sanju Rai SinghMr. Ashish Nayyar, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVAO R R%09.03.2018

1.The petitioners seek quashing of FIR No. 22 of 2016 underSections 498A/406/34 of the IPC Police Station Crime AgainstWomen Cell, Nanak Pura, New Delhi, based on settlement. It iscontended that the FIR was lodged consequent to matrimonialdiscord.

2.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 30.11.2017 has beenpassed. total sum of Rs. 11 lakhs has been agreed to be paid torespondent no. 2. The said amount of Rs. 11 lakhs has already beenpaid to respondent no. 2. Besides the settlement amount, DemandDraft/Bankers Cheque No. 447606 dated 07.03.2018 for sum of Rs.35,000/-in favour of Aishwarya Sharma has been handed over torespondent no. 2 for litigation charges.

3.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 petitioner and is agreeable tothe settlement and does not wish to press the criminal charges againstthe petitioner any further. It is further submitted on behalf of theparties that parties had entered into the settlement before the DelhiMediation Centre, Dwarka 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 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.

5.In view of the above, the petition is allowed. FIR No. 22 of2016 under Sections 498A/406/34 of the IPC Police Station CrimeAgainst Women Cell, Nanak Pura, New Delhi and the consequentproceedings therefrom are, accordingly quashed.

6.Order Dasti under signatures of the Court Master.

MARCH 09, 2018

SANJEEV SACHDEVA, J