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HIGH COURT OF DELHI
JUDGMENT
SANJEEV KUMAR BHAMBRA & ORS ..... Petitioners
For the Petitioner : Mr. R.K. Sharma, Adv. For the Respondent: Ms. Neelam Sharma, Addl. PP for the State with SI Saurabh.
Mr. K.S. Sharma, Adv. for R-2 with R-2 in person.
Crl. M.A. 30901/2018(exemption)
Allowed, subject to all just exceptions.
1. The petitioners seek quashing of FIR No. 357 of 2017 under Sections 498A/406/34 of the IPC registered at Police Station Govind Puri, New Delhi, based on a settlement. It is contended that the FIR 2018:DHC:5440 was lodged consequent to a matrimonial discord.
2. Learned counsels for the parties submit that the parties have settled their disputes and settlement dated 29.05.2018 has been executed between the parties.
3. As per the settlement, a total sum of Rs. 8 lakhs has been agreed to be paid to respondent no. 2. A sum of Rs. 7 lakhs has already been paid to respondent no. 2 and the balance sum of Rs. One lakhs has been paid by way of Manager’s Cheque No. 009474 dated 27.08.2018 issued by HDFC Bank, to respondent no. 2 today in Court.
4. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 18.07.2018.
5. Respondent no. 2 who is present in court in person, represented by her counsel is identified by the Investigating Officer. She submits that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.
6. In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and have been settled, 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. 357 of 2017 under Sections 498A/406/34 of the IPC registered at Police Station Govind Puri, New Delhi and the consequent proceedings therefrom are, accordingly quashed.
8. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J AUGUST 28, 2018 ‘rs’