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2018 DIGILAW 941 (SC)

Ramesh Chander v. State of NCT of Delhi

2018-05-17

R.BANUMATHI, RANJAN GOGOI

body2018
ORDER : 1. Leave granted. 2. We have heard the learned counsel for the appellant. None has appeared on behalf of the respondents in spite of due of service of notice/representation. 3. The High Court has refused to quash the criminal proceedings under Sections 451/380 of the Indian Penal Code, 1860 which was sought by the appellant on the ground that the parties have arrived at a settlement. 4. The High Court took the view that under the Memorandum of Understanding (“MOU”) a full and final settlement which would justify quashing of the criminal proceedings would be feasible only if the parties dissolve their marriage by mutual consent. 5. We have read and considered the MOU. The said MOU contemplates payment of a sum of Rs.60 lakh and handing over of certain immovable properties (two flats) to the respondent No.2. There is no dispute that the aforesaid amount of Rs. 60 lakh and the immovable properties have been parted with. We do not find any term in the MOU which relates to divorce. In these circumstances, as the terms of the MOU have been complied with by the appellant and divorce is not a part thereof, the High Court, according to us, fell into error in refusing to quash the impugned criminal proceedings against the appellant. 6. Consequently and in the light of the above, we allow this appeal, interfere with the order of the High Court by setting aside the same and quash the criminal proceedings against the appellant in connection with FIR No.446 of 2014 dated under Sections 451/380 of IPC registered at P.S. Shahbad Dairy, Delhi. ORDER Leave granted. The appeal is allowed in terms of the signed order.