Yash Bindlish & Ors vs.state & Anr

Yash Bindlish & Ors vs State & Anr

Type Court Judgment Court Delhi Decided Oct 11, 2018

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https://sooperkanoon.com/case/1218665

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Citation: sooperkanoon.com/1218665
Court: Delhi High Court
Decided On: Oct 11, 2018
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Yash Bindlish & Ors

Respondent

State & Anr

Excerpt

.....the balance sum of rs. 5 lakhs is being paid by way of dd/bankers cheque no.146090 dated 01.10.2018 issued by canara bank to respondent no.2, today in court. the above amount of rs. 40 lakhs have been paid apart from the return of agreed articles. parties confirm that all articles have been returned.5. respondent no.2 is present in person, represented by her counsel 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 crl.m.c. 5236/2018 page 2 of 3 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 14.09.2018, 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.7. in view of the above, the petition is allowed. fir no.75 of 2016 under sections 498a/4ipc registered at police station greater kailash, new delhi and the consequent proceedings emanating there from are quashed.8. order dasti under the signatures of the court master. october11 2018 ‘rs’ sanjeev sachdeva, j crl.m.c. 5236/2018 page 3 of 3

Full Judgment

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 5236/2018 Judgment delivered on:11.10.2018 YASH BINDLISH & ORS ........ Petitioner

s STATE & ANR versus ........ RESPONDENTS

Advocates who appeared in this case: For the... Petitioner

s : For the... RESPONDENTS

: Mr. Abhijit Acharya, Adv. Mr. Panna Lal Sharma, Addl. PP for the State with SI Rahul Soni Ms. Namita Roy, Adv. for R-2 with R-2 in person. CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1110.2018 SANJEEV SACHDEVA, J.

(ORAL) Crl. M.A. 34145/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 5236/2018 1.... Petitioner

s seek quashing of FIR No.75 of 2016 under Sections 498A/4
IPC registered at Police Station Greater Kailash, New Delhi, based on a settlement. CRL.M.C. 5236/2018 Page 1 of 3 2.

3. Subject FIR emanates out of matrimonial discord. Learned counsel for the petitioners submits that parties have settled their disputes and settlement dated 25.06.2018 has been executed between the parties.... Petitioner

No.1 and respondent No.2 have amicably dissolved their marriage by mutual consent and decree of divorce dated 25.06.2018 has been passed.

4. As per the settlement, a total sum of Rs. 40 lakhs 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. 35 lakhs has already been paid and the balance sum of Rs. 5 lakhs is being paid by way of DD/Bankers Cheque No.146090 dated 01.10.2018 issued by Canara Bank to respondent No.2, today in Court. The above amount of Rs. 40 lakhs have been paid apart from the return of agreed articles. Parties confirm that all articles have been returned.

5. Respondent No.2 is present in person, represented by her counsel 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 CRL.M.C. 5236/2018 Page 2 of 3 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 14.09.2018, 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.

7. In view of the above, the petition is allowed. FIR No.75 of 2016 under Sections 498A/4
IPC registered at Police Station Greater Kailash, New Delhi and the consequent proceedings emanating there from are quashed.

8. Order Dasti under the signatures of the Court Master. OCTOBER11 2018 ‘rs’ SANJEEV SACHDEVA, J CRL.M.C. 5236/2018 Page 3 of 3

Same Court & Year Delhi · 2018 Same Parties Yash Bindlish & Ors vs State & Anr Same Subject Education

Education Criminal proceeding Ends of justice Police Station day in court high court Subject to