Lakshay Sharma & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3196/2024 LAKSHAY SHARMA & ORS.

..... Petitioners Through:

Mr. Ashish Sharma, Mr. Praveen Kumar Bhati, Mr. Atul Arora, Ms.

Samanta Rao, Mr. Akash Bhatia and Ms. Rinki, Advs.

versus STATE & ANR.

..... Respondents Through:

Mr. Hitesh Vali, APP for State with ASI Rajesh Kumar and SI Sachin Kumar, Police Station Jagat Puri Ms. Rajeshwari Chaudhary, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 25.04.2024 CRL.M.A. 12333/2024 1.

Allowed, subject to all just exceptions.

CRL.M.C. 3196/2024 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.297/2018 under Sections 498A/406/354/34 IPC and Sections 3 & 4 of the D.P. Act registered at Police Station Jagat Puri and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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), as well as, petitioners no.2 to 9, who are close relatives of the petitioner no.1, as well as, the respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Sachin Kumar. 4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 17.01.2017 according to Hindu Rites and Customs. Out of the said wedlock, two children were born. 5.

On account of temperamental issues certain disputes arose between the parties and the same also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 27.03.2024, which is annexed as Annexure - P2 to the present petition.

7.

It is mentioned in the settlement that the petitioner no.1, as well as, respondent no.2 have resolved all their differences and have started living together.

8.

The respondent no.2, on a query put by the Court, affirms the factum of settlement and states that she has no objection in case the FIR is quashed. 9.

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.

10.

It is, thus, in the interest of justice that the present FIR and all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

other proceedings emanating therefrom be quashed. 11.

Consequently, the petition is allowed and the FIR No. 297/2018 under Sections 498A/406/354/34 IPC and Sections 3 & 4 of the D.P. Act registered at Police Station Jagat Puri and all consequential proceedings emanating therefrom, is quashed.

12.

The petition stands disposed of in the above terms. 13.

Order be uploaded on the website of this court VIKAS MAHAJAN, J APRIL 25, 2024 ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.