AI Structured Summary
Not yet generated for this judgment
Judgment
SANJEEV SACHDEVA, J
Crl. M.A. 28878/2018 (Exemption) in Crl. M.C. 3772/2018 & Crl.
M.A. 28883/2018 (Exemption) in Crl. M.C. 3774/2018
Allowed, subject to all just exceptions.Â
Crl. M.C. 3772/2018 & Crl. M.C. 3774/2018
The petitioner, in Crl. M.C. 3772/2018, seeks quashing of FIR No. 11 of 2017 under Sections 468/471 of the IPC Police Station Chanakya Puri,
New Delhi and the petitioner, in Crl. M.C. 3774/2018, seeks quashing of FIR No. 94 of 2015 under Section 498-A/406 of the IPC Police Station C.R.
Park, New Delhi, based on a settlement.
The subject FIRs emanate out of matrimonial discord. The accused/petitioner, in Crl. M.C. 3772/2018 is the wife and complainant is the husband
and the accused/petitioner, in Crl. M.C. 3774/2018, is the husband and complainant is the wife. Subject FIRs are cross FIRs.
Learned counsels for the parties submit that the parties have settled their disputes and the parties have already obtained divorce by mutual consent.
It is further submitted on behalf of the parties that a Memorandum of Settlement dated 22.06.2018 has been executed between the parties. As per the
settlement, husband-Rajiv Rajpal had to pay a total sum of Rs. 20 lakhs to the wife-Vinny Rajpal. The entire sum of Rs. 20 lakhs is stated to have
been paid which is acknowledged by Ms. Vinny Rajpal.Â
There are two children borne out of the wedlock. As per the settlement, the children shall remain in the custody of the mother. Â
Both the parties are present in person in court and are identified by the Investigating Officer. Ms. Vinny Rajpal confirms that she has received
the entire sum of Rs. 20 lakhs. Parties submit that they have settled their disputes with each other and are agreeable to the settlement and do not
wish to press criminal charges against each other any further.Â
In view of the fact that the disputes between the parties 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.Â
In view of the above, both the petitions are allowed. FIR No. 11 of 2017 under Sections 468/471 of the IPC Police Station Chanakya Puri, New
Delhi and FIR No. 94 of 2015 under Section 498-A/406 of the IPC Police Station C.R. Park, New Delhi and the consequent proceedings emanating
there from are, accordingly quashed.Â
Order Dasti under signatures of the Court Master.