Paras Sharma And ORS v. State Of NCT Of Delhi And ANR
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2312/2023 PARAS SHARMA AND ORS .....Petitioners Through:
Petitioners in person.
versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Ms. Rupali Bandhopadhya, ASC for State with Mr.
Abhijit Kumar, Advocate along with SI Kanhaiya Lal, P.S.Shahdara.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 13.09.2024 1.
Petition under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C has been filed on behalf of the petitioners for quashing of FIR No.213/2020 under Section 498A/406/34 IPC registered at Police Station Shahdara. 2.
Issue notice.
3.
Learned Additional Standing Counsel appearing on advance notice, accepts notice on behalf of the State. 4.
Brief facts of the case are that on 18.04.2018 the marriage was solemnized between petitioner No. 1 and respondent No. 2 according to Hindu rites and ceremonies.
5.
It is stated that the parties entered into a Memorandum of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Settlement dated 09.05.2022, whereby both the parties amicably settled all the disputes and differences, and it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband. The divorce has been granted vide judgment and decree dated 17.09.2022.
6.
In view of the Memorandum of Settlement dated 09.05.2022, the present petition has been filed.
7.
The parties are present before this Court today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.
8.
The parties have submitted that all the disputes have been amicably settled vide Memorandum of Settlement dated 09.05.2022 and thus, no fruitful purpose will be served in continuing with the FIR.
9.
The total sum of Rs.2,25,000/- was agreed to be paid towards full and final settlement of all the claims towards the past, present and future alimony to the respondent No. 2/wife. Balance amount of Rs.75,000/- has been handed over to her today in the Court. It submitted that an amount of Rs.44,000/- has been transferred to her through RTGS and Rs.1000/- has been paid in cash while an amount of Rs.30,000/- had been paid at the time of filing of the quashing petition.
10.
The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Memorandum of Settlement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
dated 09.05.2022 and they also submit that the said Compromise has been arrived at between the parties without any pressure and coercion. 11.
Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has no objection if the FIR is quashed. 12.
In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 13.
Moreover, there is no legal impediment in quashing the FIR in question.
14.
Accordingly, FIR No.213/2020 under Section 498A/406/34 IPC registered at Police Station Shahdara and all consequential proceedings emanating therefrom are quashed.
15.
The petition stands disposed of.
NEENA BANSAL KRISHNA, J SEPTEMBER 13, 2024 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.