Waseem Khan vs.state (Govt. Of Nct Delhi) & Anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1217684
CourtDelhi High Court
Decided OnSep-06-2018
AppellantWaseem Khan
RespondentState (Govt. Of Nct Delhi) & Anr.
Excerpt:
$~75 * in the high court of delhi at new delhi % + crl.m.c. 4505/2018 judgment delivered on:06. 09.2018 waseem khan versus ........ petitioner state (govt. of nct delhi) & anr. ........ respondents advocates who appeared in this case: for the... petitioners : for the respondent: coram:-"hon’ble mr justice sanjeev sachdeva mr.s.k.saroha, adv. mr. sanjeev sabharwal, app for the state with si davender, p.s.dabri. judgment0609.2018 sanjeev sachdeva, j.(oral) 1. the petitioner seeks quashing of fir no.1168 of 2014 under sections 498a/4ipc, police station dabri.2. 3. the subject fir emanates out of matrimonial discord. learned counsel for the petitioner submits that the disputes between the parties have been settled before the mediation centre, dwarka dated 21.06.2016. the parties have already divorced as per muslim law.4. the respondent no.2 was to be paid a total sum of rs.1,00,000/- in crl.m.c. 4505/2018 page 1 of 2 full and final settlement of all her claims. a sum of rs.50,000/- has already been paid. the balance sum of rs.50,000/- has been paid to the respondent no.2 today in court in cash.5. respondent no.2 is present in person, represented by counsel and identified by the investigating officer. she acknowledges that she has received entire amount of rs.1,00,000/-. 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.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 as per muslim law, 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.1168 of 2014 under sections 498a/4ipc, police station dabri and the consequent proceedings emanating there from are quashed.8. order dasti under the signatures of the court master. september06 2018/rk sanjeev sachdeva, j crl.m.c. 4505/2018 page 2 of 2
Judgment:

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4505/2018 Judgment delivered on:

06. 09.2018 WASEEM KHAN versus ........ Petitioner

STATE (GOVT. OF NCT DELHI) & ANR. ........ RESPONDENTS

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

s : For the Respondent: CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA Mr.S.K.Saroha, Adv. Mr. Sanjeev Sabharwal, APP for the State with SI Davender, P.S.Dabri. JUDGMENT0609.2018 SANJEEV SACHDEVA, J.

(ORAL) 1. The petitioner seeks quashing of FIR No.1168 of 2014 under Sections 498A/4
IPC, Police Station Dabri.

2. 3. The subject FIR emanates out of matrimonial discord. Learned counsel for the petitioner submits that the disputes between the parties have been settled before the Mediation Centre, Dwarka dated 21.06.2016. The parties have already divorced as per Muslim Law.

4. The respondent No.2 was to be paid a total sum of Rs.1,00,000/- in CRL.M.C. 4505/2018 Page 1 of 2 full and final settlement of all her claims. A sum of Rs.50,000/- has already been paid. The balance sum of Rs.50,000/- has been paid to the respondent No.2 today in Court in cash.

5. Respondent No.2 is present in person, represented by counsel and identified by the Investigating Officer. She acknowledges that she has received entire amount of Rs.1,00,000/-. 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.

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 as per Muslim Law, 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.1168 of 2014 under Sections 498A/4
IPC, Police Station Dabri and the consequent proceedings emanating there from are quashed.

8. Order Dasti under the signatures of the Court Master. SEPTEMBER06 2018/rk SANJEEV SACHDEVA, J CRL.M.C. 4505/2018 Page 2 of 2