Pankaj Sharma & ORS v. The State (Govt. Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3314/2019 PANKAJ SHARMA & ORS ..... Petitioners Through Ms.

Meenu Jha, Advocate with Petitioner No.1.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondents Through Mr. R. S. Kundu, ASC with Mr.

Shivam Saharan and Mr. Hitesh Vali, Advs. for State.

Mr. Shekhar Gehlot and Mr. Varun Dabas, Advs. with Respondent No.2 SI Surender, P.S. Begumpur.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.01.2020 Crl. M. A. No.41235/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(Crl.) No.3314/2019 3.

The petitioners have filed the present petition, inter alia, praying that FIR bearing no. 157/2015 under Sections 498-A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered with PS Begum Pur and all proceedings emanating therefrom, be quashed. 4.

The said FIR was registered at the instance of respondent No.2. She

is present in Court and is identified by the Investigating Officer. She states that she had filed the FIR in question in view of matrimonial disputes that had arisen between her and her husband (petitioner no. 1). She states that she has since resolved all the disputes with the petitioners in terms of a Settlement Agreement dated 18.08.2017 arrived at before the Counselling Cell, Family Court (North West) Rohini, Delhi (HMA No.337/2016). 5.

In terms of the said settlement, petitioner no. 1 had agreed to pay a sum of ₹50,000/- to respondent no. 2 in settlement of all her claims. Respondent no. 2 confirms the same and acknowledges that she has already received a sum of ₹25,000/- from petitioner no. 1. She states that after the receipt of the balance amount of ₹25,000/-, she would have no further claims against the petitioner.

6.

The balance sum of ₹25,000/- has also been paid to respondent no. 2 by the petitioners in cash and she acknowledges the receipt thereof. She claims that she now no has further grievance or claims against the petitioners. She joins the petitioners in praying that the FIR in question and all proceedings emanating therefrom, be quashed. 7.

Petitioner no. 1 is present in Court and is identified by his counsel. He states that neither of the petitioners have any grievance against respondent No.2.

8.

Mr. Kundu, learned ASC states that pursuant to the FIR in question, a chargesheet has been filed against petitioner no. 1. The other petitioners have not been chargesheeted and their names have been placed in column no. 12 of the chargesheet.

9.

In view of the statements made by or on behalf of the concerned parties (petitioners and respondent no. 2), this Court considers it apposite to

allow the present petition.

10.

Accordingly, FIR bearing No.157/2015 under Sections 498-A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered with Police Station Begum Pur and all proceedings emanating therefrom, are quashed.

11.

Petitioner no. 1 and respondent no. 2 shall sign this order as an acknowledgement of the statements recorded herein. 12.

The petition stands disposed of.

13.

Order be given dasti under signatures of the Court Master. VIBHU BAKHRU, J JANUARY 13, 2020 DR