Ashwin Balakrishanan & Ors vs.state & Anr - Court Judgment

SooperKanoon Citationsooperkanoon.com/1218626
CourtDelhi High Court
Decided OnOct-10-2018
AppellantAshwin Balakrishanan & Ors
RespondentState & Anr
Excerpt:
$~52 * in the high court of delhi at new delhi % + crl.m.c. 5207/2018 judgment delivered on:10.10.2018 ashwin balakrishanan & ors ........ petitioners state & anr versus ........ respondents advocates who appeared in this case: for the... petitioner : for the... respondents : ms. ritu singh mann and mr. dheeraj kr. garg, advs. mr. kamal kr. ghai, addl. pp for the state with si manvendra, ps pandav nagar, delhi. mr. vivek srivastava, adv. for r-2 with r-2 in person. coram:-"hon’ble mr justice sanjeev sachdeva judgment1010.2018 sanjeev sachdeva, j.(oral) crl. m.a. 34026/2018 (exemption) allowed, subject to all just exceptions. crl.m.c. 5207/2018 1.... petitioners seek quashing of fir no.599 of 2017 under sections 498a/4ipc registered at police station pandav nagar, crl.m.c. 5207/2018 page 1 of 3 delhi, based on a settlement.2. 3. subject fir emanates out of matrimonial discord. learned counsel for the petitioners submits that parties have settled their disputes and settlement dated 15.02.2018 has been executed between the parties. parties have amicably dissolved their marriage by mutual consent and decree of divorce dated 08.10.2018 has been passed.4. as per the settlement, a total sum of rs. 33 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. 20 lakhs has already been paid and the balance sum of rs. 13 lakhs is being paid today by way of dd/bankers cheque no.532598 dated 01.10.2018 issued by deutsche bank to respondent no.2, today in court.5. the 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 disputes and the respondent no.2 has stated that she does not wish to crl.m.c. 5207/2018 page 2 of 3 press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce, passed on 08.10.2018, 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.599 of 2017 under sections 498a/4ipc registered at police station pandav nagar, delhi and the consequent proceedings emanating there from are quashed.8. order dasti under the signatures of the court master. october10 2018 ‘rs’ sanjeev sachdeva, j crl.m.c. 5207/2018 page 3 of 3
Judgment:

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 5207/2018 Judgment delivered on:10.10.2018 ASHWIN BALAKRISHANAN & ORS ........ Petitioner

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

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

: For the... RESPONDENTS

: Ms. Ritu Singh Mann and Mr. Dheeraj Kr. Garg, Advs. Mr. Kamal Kr. Ghai, Addl. PP for the State with SI Manvendra, PS Pandav Nagar, Delhi. Mr. Vivek Srivastava, Adv. for R-2 with R-2 in person. CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1010.2018 SANJEEV SACHDEVA, J.

(ORAL) Crl. M.A. 34026/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 5207/2018 1.... Petitioner

s seek quashing of FIR No.599 of 2017 under Sections 498A/4
IPC registered at Police Station Pandav Nagar, CRL.M.C. 5207/2018 Page 1 of 3 Delhi, based on a settlement.

2. 3. Subject FIR emanates out of matrimonial discord. Learned counsel for the petitioners submits that parties have settled their disputes and settlement dated 15.02.2018 has been executed between the parties. Parties have amicably dissolved their marriage by mutual consent and decree of divorce dated 08.10.2018 has been passed.

4. As per the settlement, a total sum of Rs. 33 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. 20 lakhs has already been paid and the balance sum of Rs. 13 lakhs is being paid today by way of DD/Bankers Cheque No.532598 dated 01.10.2018 issued by Deutsche Bank to respondent No.2, today in Court.

5. The 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 disputes and the respondent No.2 has stated that she does not wish to CRL.M.C. 5207/2018 Page 2 of 3 press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce, passed on 08.10.2018, 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.599 of 2017 under Sections 498A/4
IPC registered at Police Station Pandav Nagar, Delhi and the consequent proceedings emanating there from are quashed.

8. Order Dasti under the signatures of the Court Master. OCTOBER10 2018 ‘rs’ SANJEEV SACHDEVA, J CRL.M.C. 5207/2018 Page 3 of 3