High CourtsSingle Bench(2018) 07 DEL CK 0533

Ravi Kalra vs State ( Nct Of Delhi) & Anr

Delhi High Court · Decided on 30 July 2018

HON’BLE JUDGES
SANJEEV SACHDEVA, J
RESULT
Allowed
CASE NUMBER
Criminal.M.C. 3212 OF 2018

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Judgment

21 paragraphs · 358 words

SANJEEV SACHDEVA, J

1.

The petitioner seeks quashing of FIR No.97/2013, under Sections 406/498-A IPC, Police Station Subash Place/Saraswati Vihar.Â

2.

The subject FIR emanates out of a matrimonial discord.Â

3.

Petitioner is the husband of the respondent No.2.

4.

Learned counsel for the petitioner submits that the parties have settled their disputes through the process of mediation held before the Mediation

Centre, Rohini Courts on 19.10.2013.Â

5.

As per the settlement, the petitioner has undertaken to pay a sum of Rs.50,000/- per month to the respondent No.2 as well as the children. He has

also undertaken to bear further expenses for higher education and marriage of the children as per his capacity. Â

6.

Petitioner, who is present in Court in person, undertakes that he shall abide by the settlement conditions.Â

7.

The permanent custody of the minor child is to remain with the respondent No.2 with visitation rights to the petitioner.Â

8.

The petitioner further undertakes that he shall not claim any rights contrary to the settlement terms.Â

9.

The undertakings are accepted.Â

10.

Respondent No.2 is present in person, represented by counsel and identified by the Investigating Officer. She submits that she has settled her

disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.Â

11.

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, 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 there from.

12.

In view of the above, the petition is allowed. FIR No.97/2013, under Sections 406/498-A IPC, Police Station Subash Place/Saraswati Vihar and

the consequent proceedings emanating there from are quashed.Â

13.

Order Dasti under the signatures of the Court Master. Â