Ullas Rahija v. The State (Govt. of NCT of Delhi) & Anr

Delhi High Court · 05 Apr 2018 · 2018:DHC:8419
Sanjeev Sachdeva
CRL.M.C. 1276/2018
2018:DHC:8419
criminal appeal_allowed

AI Summary

The Delhi High Court quashed FIRs arising from matrimonial discord following a mutual settlement and divorce by consent, emphasizing the importance of restoring peace and securing justice.

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* IN THE fflGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1276/2018 ' .
~ ULLAS RAHIJA Petitioner
Through Mr. Mrinal Madhav with Mr. ^ , Tarunesh Kumar andMr. Kaushikesh
Kumar, Advocates..
VERSUS
THE STATE(GOVT.OF NCT OF DELHI)& ANR..... Respondents
Through Mr. Akshai Malik, APP for the State.
SI Suraj Pal, PS KeshaV Puram. •
' ; . SI Rajiv Ranjan, PS Rajouri Garden.
, Mr. -Gaurav Sharma, Advocate for R-
• 2 with R-2 in person:
+ CRL.M.C. 1277/2018
ULLAS RAHEJA & ORS
• " Through
Petitioners
Mr. Mrinal Madhav with Mr. Tarunesh Kumar and Mr. Kaushikesh
Kumar, Advocates. .
VERSUS
THE STATE(GOVT.OF NCT OF DELHI)& ANR Respondents
' Through Mr. Akshai Malik, APP for the State.
SI Suraj Pal, PS Keshav Puram.
, ' • ' Mr. Gaurav Sharma,.Advocate for R-
2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
% 05.04.2018
Crl.M.A.4659/2018 (exemption) in CRL.M.C. 1276/2018
CRL.M.C. 1276/2018 &
CRL.M.C. 1277/2018 & .
Pages
2018:DHC:8419
Crl.M.A.4660/2018 (exemption) in CRL.M.C. 1277/2018
Exemptions are allowed subject to all just exceptions.
CRL.M.C. ]276/2018 & CRL.M.C. 1277/2018
•1. The petitioner in Crl.M.C.1276/2018 seeks quashing of FIR
No.684/2016 under Sections 354/506/509 iPC, Police Station Keshav
Puram and the petitioners in Crl.M.C.1277/2018 seek quashing ofFIR
•No.442/2013 under-Sections 406/498A/506/34 IPC, Pohce Station
Rajburi Garden based ona settlement. -
'2. • The subject FIRs emariate out of. matrimonial discord.
Petitioner No.1 is the husband of respondent No.2.
ORDER

3. Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 04.08.2017 through the process of mediation, held at Delhi Mediation Centre, Tis Hazari Courts, Delhi., The parties have already been divorced by way ofa decree of divorce by mutual consent, passed on 17.01.2018. ^

4. The respondent, No.2 was to be paid a. total sum of Rs.3,00,000/- in full and final settlement ofall her claims. Asum of Rs.2,00,000/- has already been paid. The balance sum of,Rs.1,00,00 /- has been paid to the respondent No.2 by way of Demand Draft No.509760 dated 22.03.2018' drawn on State Bank of India for Rs.5d,000 and Demand Draft N,o.509759 dated 22.03.2018 drawn on State Bank,of.Indiafor Rs.5,0,000/-. • 5.' The respondent No.2 is present in person and is identified by CRLMC. 1276/2018 & ', ', ' • ^^"3^4 CRL.M.C. 1277/2018 & '. •• • • u the Investigating Officer. She submits that she has settled her disputes 'with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.

6. 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 No.2 has stated that she does not wish to press the ^complaint any further and the fact that the parties have already been divorced by way of a decree of divorce by mutual consent, passed on 17.01.2018,, 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 therefrom.,.

7. In yiew. of the above, FIR No.684/2016 under Sections - 354/506/509 IPG, JPohce Station Keshav Puram and FIR No.442/2013 • under Sections 406/498A/506/34 IPG, Police Station Rajouri Garden and the consequent proceedings emanating there from are quashed.

8. Order Dasti under the signatures ofthe Gourt Master. ^ san[4] APRIL 05, 2018 st OO:EV SACHDiEVA, J