Full Text
CRL.M.C. 1330/2018
S SATNAM SIGH & ORS
Through
Through
S SATNAM SINGH & ANR
Through Petitioners Mr. Kulbhushan Mehta, Advocate.
Respondent Mr. Akshai Malik, APP for the State.
ASI Devender Kumar, PS Uttam Nagar.
Mr. Bijender Singh, Advocate for respondents.
Petitioners Mr. Kulbhushan Mehta, Advocate.
Through Mr. Akshai Malik, APP for the State.
SI Tejpal, PS Bharat Nagar.
Mr. Bijender Singh, Advocate for respondents.
05.04.2018
ORDER
1. Learned counsel for the petitioners seeks impleadment of Smt. Sheela Kaur and Smt. Kiran Kaur as respondents. The impleadment is CRL.M.C. 1330/2018 & CRL.M.C. 1331/2018 Page 1 2018:DHC:8418 allowed. The amended memo ofparties is taken on record. They both have filed affidavits giving their no objection to the quashing ofthe present petition. The Registry is directed to remove the amended memo ofparties from the Noting File and place the same in the Pleadings File
2. The petitioners in Crl.M.C.1330/2018 seeks quashing of FIR No.635/2014 under Sections 308/323/34 IPC, Police Station Uttam Nagar and the petitioners in Crl.M.C.1331/2018 seek quashing of FIR No.113/2014 under Sections 498A/406/34 IPC, Police Station Bharat Nagar based on a settlement.
3. The subject FIR emanates out ofmatrimonial discord. Petitioner No.l is the husband of respondentMs. Kiran Kaur.
4. Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 23.01.2017 through the process of mediation, held at Delhi Mediation Centre, Rohini Courts, Delhi. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 30.11.2017.
5. The respondent No.2 was to be paid a total sum ofRs.1,50,000/in full and final settlement of all her claims. A sum of Rs.1,00,000/- has already been paid. The balance sum ofRs.50,000 /- has been paid to the respondent No.2 in cashtoday in Court.
6. The respondent Nos.2, 3 and 4 are present in person, represented by counsel and are identified by the Investigating Officer. They submit that they have settled their disputes with the petitioners and do not wish to press charges against the petitioners and prosecute the complaint any CRL.M.C. 1330/2018 & P''9e[2] r further.
7. In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent Nos.2, 3&4have stated that they do not wish to press the complaint any further and the fact that the parties have already been divorced by way ofadecree ofdivorce by mutual consent, passed on 30.11.2017, 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 ofjustice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefi-om.
8. In view of the above, FIR No.635/2014 under Sections 308/323/34 IPC, Police Station Uttam Nagar and FIR No.l 13/2014 under Sections 498A/406/34 IPC, Police Station Bharat Nagar and the consequent proceedings emanating there from are quashed.
9. Order Dasti under the signatures ofthe Court Master. SANJ iV SACHDEVA,J APRIL 05, 2018 st