Full Text
CRL.M.C. 1847/2018 . ..
ANJANI & ORS Petitioners
Through Mr. Vijay Waghey with Mr. Kamal Kishore, Advocates with petitioners in person.
Through Mr. Akshai Malik, APP for the State.
SI Varun Kumar, PS Hauz Khas.
Mr., Advocate for R-2
' ANJANI KUMAR RAI & ANR Petitioner
Through Mr. Vijay Waghey with Mr, Kamal Kishore, Advocates with petitioners - in person.
SI Varun Kumar, PS Hauz Khas.
Mr., Advocate for R-2
13.04.2018 CrI.M.A.6620/2018 (exemption) in CRL.M.C. 1847/2018
Crl.M.A.6649/2018 (exemption) in CRL.M.C. 1859/2018
Exemptions are allowed subject to alljust exceptions.
ORDER
1. The petitioners in CRL.M.C. 1847/2018 seek quashing of FIR CRL.M.C. 1847/2018 & p ^ CRL.M.C. 1859/2018 2018:DHC:8441 t: No.348/2010 under Sections 506(l)/323/452/380/34 IPG, Police Station Mandawali. The petitioners in CRL.M.C. 1859/2018 -seek quashing of FIR No.258/2007 under Sections 498-A/406/34 IPC, Police Station Hauz Khas.
2. The subject FIRs emanates out of matrimonial discord. Petitioner No.l is the husband of respondent No.2. Petitioner No.2 is the father of the petitioner No.l. Petitioner No.3 is the brother of the petitioner No.l.
3. Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 01.09.2016 through the process of mediation, held at Mediation Centre, Saket Courts, New Delhi. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 06.12.2017.
4. The respondent No.2 was to be paid a total sum of Rs.4,00,000/- in full and fmal settlement of all her claims. A sum of Rs.3,50,000/- has already been paid. The balance sum of Rs.50,000/has been paid to the respondent No.2 by way of Bankers Cheque No.832653 dated 16.02.2018 drawn on State Bank of India.
5. The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits thatshe has settled her disputes with thepetitioners and does notwish to press charges against the petitioners and prosecute the complaint any further. CRL.M.C. 1847/2018 & ' CRL.M.C. 1859/2018 ^
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 06.12.2017, continuation of crimiinal 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 consequentproceedings emanating therefrom.
7. In view of the above, FIR No.348/2010 under Sections 506(l)/323/452/380/34' IPC, Police Station Mandawali and FIR No.258/2007 under Sections 498-A/406/34 IPC, Police Station Hauz Khas and the consequent proceedings emanating there from are quashed.
8. Order Dasti under the signatures ofthe Court Master.
APRIL 13, 2018 St SANJi V SACHDEVA, J