Neeraj Sharma And ORS v. NCT Of Delhi And ANR

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3321/2024 NEERAJ SHARMA AND ORS ..... Petitioners Through:

Mr. K.K. Agarwal & Ms.Eayairi Aggarwal, Advocates versus NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with Mr. M.K. Anand, Ms.Kirti & Ms. Saloni Aggarwal, Advocates.

Mr. Vineet Aggarwal, Mr. Suresh Chand Aggarwal & Mr.

Jatin, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.04.2024 CRL.M.A. 12799/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 3321/2024 3.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioner seeking quashing of FIR bearing No. 156/2019, registered at Police Station Farsh Bazar, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟), and further proceedings pending before the Court of learned Magistrate, Karkardooma Courts, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

5.

Brief facts of the present case are that on 18.04.2017, the marriage between petitioner no. 1 and respondent no. 2 was solemnized according to Hindu rites and customs, at Uttar Pradesh. It is further stated that due to serious disputes and differences between the parties, on account of temperamental differences, the parties started living separately since December 2017. It is also stated that on 18.12.2018, respondent no. 2 filed proceedings under the Domestic Violence Act, against the petitioner and his family members. It is further submitted that on 08.05.2019, on the complaint of respondent no. 2, an FIR bearing No. 156/2019, got registered at Police Station Farsh Bazar. It is also stated that on 12.10.2021, the respondent no. 2 also filed proceedings under Section 125 of Cr.P.C.

, and the divorce petition being HMA 1451/2022 against the petitioner. It is stated that on 10.10.2023, the parties settled their disputes before the Delhi Mediation Centre, Tis Hazari Courts, Delhi, vide Settlement Deed dated 10.10.2023. On 15.12.2023, the decree of divorce was granted to the parties. On 05.01.2024, respondent no. 2 withdrew her petition under the Domestic Violence Act. In furtherance to the terms of Settlement Agreement dated 10.10.2023 entered into between them, the present petition has been instituted to quash the subject FIR.

6.

All the petitioners are present before this Court and have been identified by their counsel Mr. K.K. Agarwal and Investigating Officer (IO) from Police Station Farsh Bazar.

7.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties and a decree of divorce has been granted to the parties vide order dated 15.12.2023. 8.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members. 9.

Today, the complainant who is present in Court states that she has received the last and final instalment of Rs. 2 Lakhs today, i.e., 29.04.2024 vide DD No. 009822 drawn on The Kangra Co-operative Bank Limited, Paharganj Branch, New Delhi, and has no objection if the FIR is quashed. 10.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11.

Accordingly, FIR bearing No. 156/2019, registered at Police Station Farsh Bazar, for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 12.

The petition stands disposed of.

13.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 29, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.