Saurav Sharma & ORS v. State & ANR

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SAURAV SHARMA & ORS ..... Petitioners Through :

Mr.Prag Chawla, Advocate along with petitioners present in person.

Versus

STATE & ANR ..... Respondents Through :

Ms.Kamna Vohra, ASC.

Mr.Bhupinder Mahtani with Mr.Vineet Kumar Tuteja, Advocates, for R-2 along with complainant/R-2 present in person.

ASI Mool Chand, PS Madhu Vihar.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 22.01.2018 Crl.M.A.No.1218/2018 (Exemption) 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

1.

Learned ASC for the State informs that besides the present petitioners one Sunita Sharma w/o Mukesh Sharma, is also an accused

person. She is present in person in the court today. At the oral request by learned counsel for the petitioners, she is impleaded as a party. Let amended memo of parties be filed during the course of the day. 2.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.242/2016 registered under Sections 498A/406/34 IPC at Police Station Madhu Vihar. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Karkardooma Courts, Delhi vide settlement agreement dated 03.04.2017.

3.

Complainant / respondent No.2 is present with counsel and has been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question. Marriage between the parties has been dissolved. Pursuant to the settlement, remaining amount of `1,50,000/- by way of demand draft bearing No.513996 dated 20.11.2018 drawn on ICICI Bank in the name of the complainant has been given to the complainant today in the Court.

4.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 03.04.2017 has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to settle in life after

dissolution of marriage, FIR No.242/2016 registered under Sections 498A/406/34 IPC at Police Station Madhu Vihar, Delhi and all the proceedings arising therefrom are quashed.

5.

The petition stands disposed of accordingly.

S.P.GARG, J.

JANUARY 22, 2018/sa