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

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1365/2020 PARAS SHARMA & ORS ..... Petitioners Through : Mr.Bhanu Kaushik, Advocate with petitioners.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through : Ms.Rajni Gupta, Addl. PP for the State with SI Sukhda, PS Uttam Nagar, Delhi in person.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 11.03.2020 CRL.M.A.No.5233/2020 Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 1365/2020 Petitioners filed this petition under Section 482 Criminal Procedure Code for quashing of the FIR No.525/2017 under Section 406/498A/34 Indian Penal Code registered at police station Uttam Nagar, Delhi against them and the proceedings emanating therefrom. The petitioner No.1 is husband and complainant/ respondent No.2/wife have settled their disputes amicably per Memorandum of Understanding dated 27.03.2019, annexed with petition and they have already obtained the divorce by mutual consent under The Hindu Marriage Act, 1955 and as last leg of payment; Rs.1.25 lac is being paid vide draft No.696110 dated 24.02.2020 drawn on Corporation

Bank in favour of respondent No.2, which has been accepted by her today in the Court.

The complainant/respondent No.2 is present has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. The copy of Aadhaar card of respondent No.2 is at pages No.83. The learned APP for the State hsas also no objection, if this petition is allowed. Considering the above settlement between the parties, there is no justification to proceed with the criminal case as complainant has settled all the disputes and has received the settled amount from the petitioners.

Accordingly, the petition is allowed. Consequently, FIR No.525/2017 under Section 406/498A/34 Indian Penal Code registered at police station Uttam Nagar, Delhi and the proceedings emanating therefrom are quashed. No order as to costs. Order dasti. YOGESH KHANNA, J.

MARCH 11, 2020 M