High CourtsSingle Bench(2018) 10 DEL CK 0411

Anita & Ors vs (Govt. Of NCT Of Delhi) & Anr

Delhi High Court · Decided on 30 October 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 1686, 1742 OF 2018

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Judgment

22 paragraphs · 419 words

SANJEEV SACHDEVA, J

1.

The petitioners, in W.P. (Crl.) 1686/2018, seek quashing of FIR No. 167 of 2017 under Sections 325/34 of the IPC registered at Police Station

Prashant Vihar, Delhi and the petitioners, in W.P. (Crl.) 1742/2018, seek quashing of FIR No. 166 of 2017 under Sections 354/509/323/34 of the IPC

registered at Police Station Prashant Vihar, Delhi, based on a settlement.

2.

Subject FIRs are cross FIRs registered between erstwhile husband and wife and their relations and are offshoots of a matrimonial dispute.

3.

Subject FIRs were registered consequent to a quarrel that took place between the parties during subsistence of marriage. It is informed that the

FIR registered on the complaint of the petitioner in W.P. (Crl.) 1686/2018, being FIR No. 640/2013 under Sections 498A/406/34 of the IPC registered

at Police Station Narela has already been quashed by order dated 30.05.2018 in Crl. M.C. 3099/2018.

4.

Learned counsels for the parties submit that the parties have settled their disputes and settlement agreement has been executed.

5.

In terms of the settlement, petitioners in W.P. (Crl.) 1742/2018 have to pay a sum of Rs. 3,95,000/- to respondent no. 2. Said amount is paid by way

of DD No. 540861 dated 05.09.2018 (re-validated upto 31.11.2018) issued by Syndicate Bank. The above DD has been handed over to Ms. Anita

who is present in person in Court.

6.

Respondents/Complainants/Injured in the respective FIRs are present in court in person, represented by their counsels and are identified by the

Investigating Officer. They submit that they have settled the disputes inter-se the parties and are agreeable to the settlement and do not wish to press

the criminal charges against each other any further.

7.

In view of the fact that the disputes between the petitioners and respondents 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.

8.

In view of the above, the petitions are allowed. FIR No. 167 of 2017 under Sections 325/34 of the IPC registered at Police Station Prashant Vihar,

Delhi and FIR No. 166 of 2017 under Sections 354/509/323/34 of the IPC registered at Police Station Prashant Vihar, Delhi and the consequent

proceedings emanating therefrom are, accordingly quashed.

9.

Order Dasti under signatures of the Court Master.