Sunil Sharma & ORS. v. State (Governement Of NCT Of Delhi) & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1690/2024 SUNIL SHARMA & ORS.

..... Petitioners Through:

Mr. Sameer Ali, Ms. Puja Kesarwani and Mr. Osama Suhail, Advs.

versus STATE (GOVERNEMENT OF NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Hemant Mehla, APP for State with SI Sanjay Kumar Meena, PS.

Shahdara.

Ms. Meena Gupta, Ms. Renu Khanna Gupta and Mr. Vaibhav Gussain, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 28.02.2024 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.186/2020 under Section 498A IPC registered at Police Station Shahdara and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.

Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

3.

The petitioner no.1 (former husband), the petitioner no.4 (employee of petitioner no.1) and the respondent no.2 are present in Court, whereas the petitioner nos. 2 (brother in law of respondent no.2) and petitioner no.3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(sister in law of respondent no.2) have joined through VC. The parties have been identified by their respective counsel and by the Investigating Officer SI Sanjay Kumar Meena, PS. Shahdara.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 03.11.2003 according to Hindu Rites and Customs. Out of the said wedlock, one son namely Ansh was born on 08.08.2004, who has attained majority and one daughter namely, Ananaya was born on 03.05.2007, who is presently in the care and custody of the respondent no.2.

5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 03.08.2017. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties had arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding/ Settlement dated 07.10.2023, which is annexed as Annexure P-2 to the present petition. 7.

In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and the respondent no.2 have obtained a decree of divorce vide judgment dated 03.01.2024, which is annexed as Annexure P-6 to the present petition.

8.

The learned counsel for the parties submits that in terms of the said settlement, the petitioner no.1 had to execute the Transfer Deed/Relinquishment Deed with regard to the property comprised in Khasra No.-393 (Kha) Rakba, Moza Johdi Village Pargana PachwaDoon, District Dehradun, having area 100 sq. yards (83 sq.mtrs.) in favour of his daughter The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

namely Ananaya. It is submitted that the said Gift Deed qua the said property has already been executed by the petitioner no.1 in favour of his daughter.

9.

The execution of aforesaid Gift Deed is acknowledged by the respondent no.2, who is present in court.

10.

The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

11.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

12.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.

Consequently, the petition is allowed and the FIR No.186/2020 under Sections 498A IPC registered at Police Station Shahdara alongwith all other proceedings emanating therefrom, is quashed.

14.

The petition stands disposed of in the above terms. 15.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J FEBRUARY 28, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.