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High Court of DelhiCRL.M.C./480/2018

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

2018-01-31Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 480/2018 AMIT SHARMA & ORS ..... Petitioners Through Mr. B.N. Sharma, Advocate.

versus STATE (GOVT OF NCT OF DELHI) & ANR .... Respondents Through Ms. Anita Abraham, APP for the State.

Ms. Yasmina Sharma, Advocate for respondent No.2.

SI Ravinder Hooda, PS Palam Village.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 31.01.2018 1.

The petitioners seek quashing of FIR No.179/2014 under Sections 498/406/34 IPC, Police Station Palam Village. 2.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.2. 3.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 22.03.2017 through the process of mediation, held at Mediation Centre, Dwarka Courts, New Delhi. The parties have already been divorced by way of a decree of divorce, passed on 28.01.2016.

4.

The respondent No.2 was to be paid a total sum of Rs.2,00,000/- in full and final settlement of all her claims. A sum of CRL.M.C. 480/2018

Rs.1,00,000/- has already been paid.

The balance sum of Rs.1,00,000/- has been paid to the respondent No.2 in cash in Court today.

5.

The respondent No.2 is present in person, represented by 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 press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce, passed on 28.01.2016, and in the interest of justice, it would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

7.

In view of the above, FIR No.179/2014 under Sections 498/406/34 IPC, Police Station Palam Village and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 31, 2018/st CRL.M.C. 480/2018