Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:01.10.2018
+ CRL.M.C. 5001/2018
MOHD. RIZWAN & ORS. ..... Petitioners
versus
STATE & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Ms. Meenakshi Agarwal and Ms. Shobhana
Tanwar, Advs.
For the Respondents : Mr. Panna Lal Sharma, Addl. PP for the State
with SI Vikas
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
01.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 33266/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 4998/2018
1. Petitioners seek quashing of FIR No. 191 of 2016 under
Sections 498A/406/323/506/34 IPC registered at Police Station
Khyala, Delhi, based on a settlement.
2. Subject FIR emanates out of matrimonial discord.
CRL.M.C. 5001/2018 Page 1 of 3
3. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
Delhi Mediation Centre, Tis Hazari Courts, Delhi on 23.02.2018.
Parties have been divorced by a decree of divorce of Mubarat dated
20.04.2018 in accordance with muslim law.
4. As per the settlement, a total sum of Rs. 4,00,000/- has been
agreed to be paid by the petitioners to respondent no. 2 in full and
final settlement of all the claims of respondent no. 2. A sum of Rs.
3,00,000/- has already been paid to respondent no. 2 and the balance
sum of Rs. One lakh is being paid by way of DD/Bankers Cheque
Nos. 223939, 223940, 223941, all dated 14.07.2018 for a sum of Rs.
Rs. 30,000/-, Rs. 30,000/- and Rs. 40,000/- respectively issued by
Punjab National Bank to respondent no. 2, today in Court.
5. Respondent No.2 is present in person and is identified by 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, passed on
20.04.2018, continuation of criminal proceedings will be an exercise
CRL.M.C. 5001/2018 Page 2 of 3
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. As per the settlement the minor child shall remain in the
permanent custody of petitioner no. 2. The respondent no. 2 who is
present in Court undertakes that she will not claim any rights contrary
to the settlement terms.
8. In view of the above, the petition is allowed. FIR No. 191 of
2016 under Sections 498A/406/323/506/34 IPC registered at Police
Station Khyala, Delhi and the consequent proceedings emanating
there from are quashed.
9. Order Dasti under the signatures of the Court Master.
OCTOBER 01, 2018 SANJEEV SACHDEVA, J
‘ rs’
CRL.M.C. 5001/2018 Page 3 of 3