At, High Court of Delhi
By, THE HONOURABLE MR. JUSTICE SANJEEV SACHDEVA
For the Petitioners: Trideep Pais, Sanya Sud, Advocates. For the Respondent: Panna Lal Sharma, Addl. PP, R2, Meera Kaura Patel, Advocate.
1. The petitioner seeks quashing of FIR No. 78 of 2014 under Sections 406/498A/34 of the IPC at Police Station Amar Colony, New Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.
2. The petitioner was married to respondent No.2. Petitioners Nos.2 & 3 are the father and mother of petitioner No.1. The petitioner No.1 has filed the present petition through his father who has been authorised by a special power of attorney dated 26.04.2018, notarised on 27.04.2018. Respondent No.2 is also represented by her father who has been authorised by way of a special power of attorney dated 16.11.2017, copy of which has been produced in the Court. The same is taken on record. Her counsel has also produced her affidavit dated 07.04.2018 in support of the petition which is notarised before the Notary Public in USA. The same is also taken on record.
3. Learned counsels for the parties submit that the parties have settled their disputes and have amicably dissolved their marriage by mutual consent and decree of divorce has been passed by the Circuit Court of Montgomery County, Maryland on 15.08.2016. It is further submitted on behalf of the parties that parties had entered into the settlement vide Memorandum of Settlement dated 27.03.2018.
4. As per the settlement, respondent No.2 was to be paid a total amount of Rs.54 lakhs. The demand drafts in the sum of Rs.54 lakhs have been deposited with the Registry of High Court of Karnataka, Bengaluru. As per the settlement the said amount of Rs.54 lakhs have to be paid to respondent No.2 when she withdraws all her pending proceedings. It is informed that a domestic violence case is pending before the Magistrates Court in Delhi. The special power of attorney of the respondent on behalf of respondent No.2 undertakes that the said domestic violence case would be withdrawn on the next date of hearing i.e. 28.07.2018.
5. The petitioners who are present in Court undertake that the demand drafts submitted before the High Court of Karnataka, Bengaluru in the sum of Rs.54 lakhs, which have expired would be got revalidated and redeposited with the Registrar of the High Court of Karnataka for being paid to respondent No.2, through her father, on withdrawal of the domestic violence complaint. They further undertake that the criminal complaint filed by the petitioners against respondent No.2 shall be compounded/withdrawn/quashed. The undertakings are accepted.
6. Learned counsel for the petitioners submits that the petitioner has paid the remaining instalments of the permanent alimony of USD 600 per month upto July, 2018 in compliance of the Settlement agreement. This is acknowledged by the counsel for respondent No.2.
7. Learned counsel for the respondent No.2 states that the writ petition filed by the respondent No.2 being W.P(Crl) No.2973/2017 has already been withdrawn on 18.07.2018.
8. The parties undertake that they shall abide by the terms and conditions of the Memorandum dated 27.03.2018 in its letter and spirit. The undertakings are accepted.
9. Learned counsel for the parties inform that the other disputes between the parties have also been resolved and proceedings have been concluded on the basis of the subject settlement.
10. Respondent no. 2 who is represented by her father and special attorney has filed an affidavit confirming that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.
11. In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and 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 justic
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e 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 petitions are allowed. FIR No. 78 of 2014 under Sections 406/498A/34 of the IPC at Police Station Amar Colony, New Delhi, and the consequent proceedings emanating there from are accordingly quashed. 13. Order Dasti under signatures of the Court Master.