Vinod Sharma & ANR. v. State NCT Of Delhi And ANR.
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3928/2024 VINOD SHARMA & ANR.
..... Petitioners Through:
Mr. Syed Mohd. Shoeb, Mr. Neeraj Maurya, Mr. Sandeep Sharma, Ms.
Jyoti Ravi Sachdeva and Mr. Digvijay Singh Rawat, Advocates versus STATE NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Naresh Kumar Chahar, APP for the State with Mr. Ripundam Shahi, Ms. Sandhya Pathak and Mr. Amit Sagar, Advocates with IO, P.S.
Haridas Nagar.
Mr. Suyash Sinha, Mr. Ram Kumar Singh, Ms. Harshita, Mr. Rajesh Kumar Jha, Mr. Tarun Gupta and Mr.
Abhishek Rathi, Advocates for R-2 along with R-2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 15.05.2024 CRL.M.A. 14989/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 3928/2024 3.
The instant petition under Section 482 of the Code of Criminal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners seeking quashing of FIR bearing no. 0064/2019, registered at Police Station Haridas Nagar, Delhi for offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 ('IPC').
4.
Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.
5.
All petitioners are present before this Court and have been identified by their counsel Mr. Syed Mohd. Shoeb and Investigating Officer (IO) from Police Station Haridas Nagar, Delhi.
6.
Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 14.07.2013 as per Hindu rites and ceremonies. No child was born out of the said wedlock. It is stated that due to some temperamental differences which had arisen between the parties, both the parties started living separately from each other since 17.05.2016. It is further stated that on the complaint of respondent no. 2, the present FIR bearing no. 0064/2019 was registered at Police Station Haridas Nagar, Delhi against the petitioners for offences punishable under Sections 498A/406/34 of IPC. It is stated that chargesheet in this case stands filed on 18.10.2020 before the concerned court. It is stated that both the parties have amicably and voluntarily settled their disputes vide Memorandum of Understanding dated 22.04.2022 and have obtained decree of divorce by way of mutual consent on 22.07.2023.
7.
On a query made by this Court, respondent no.2, who has been identified by the IO, has categorically stated that she has entered into 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
amicably settled between the parties vide Memorandum of Understanding dated 22.04.2022. Respondent no. 2 further stated that she has no objection if the present FIR is quashed.
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.
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. 10.
Accordingly, FIR bearing no. 0064/2019, registered at Police Station Haridas Nagar, Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 11.
In view of above, the petition stands disposed of. 12.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 15, 2024/zp 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.