Manish Sharma And ORS v. The State NCT Of Delhi And ORS
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2601/2023 MANISH SHARMA AND ORS ..... Petitioners Through:
Mr. Gaurav Sharma, Advocate.
versus THE STATE NCT OF DELHI AND ORS ..... Respondents Through:
Mr. Rahul Tyagi, ASC (Criminal) for the State with SI Yogender, P.S.:
Anand Parbat.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 01.04.2024 CRL.M.A. 24499/2023 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(CRL) 2601/2023 3.
The present writ petition under Article 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been instituted on behalf of the petitioner seeking quashing of FIR bearing No. 0297/2020, registered at Police Station Anand Parbat, Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟).
4.
Issue notice. Learned APP appearing on behalf of the State accepts notice.
5.
Petitioners are present before this Court and have been identified by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
their counsel and Investigating Officer (IO) SI Yogender, P.S.: Anand Parbat.
6.
Brief facts of the case are that on 21.02.2019, petitioner no. 1 and respondent no. 2 had got married at Delhi, according to Hindu rites and ceremonies. On 10.10.2020, a complaint was registered by the respondent no. 2 at Police Station Anand Parbat, and in pursuance of the same the said FIR got registered. It is stated that the said FIR is still under investigation. It is also stated that the petitioner has settled all the disputes and differences by way of a settlement dated 04.07.2022, before the Mediation Centre, Tis Hazari Courts, Delhi.
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 amicably settled between the parties vide Settlement Deed dated 04.07.2022. 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.
9.
It is stated that petitioner had paid a sum of Rs. 3,00,000/- and the remaining amount of Rs. 1,25,000/- is to be paid to respondent no. 2 at the time of the quashing of subject FIR.
10.
Today, the complainant, who is present in Court states that she has received the remaining amount and has no objection if the FIR is quashed. 11.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 12.
Accordingly, FIR bearing no. 0297/2020, registered at Police Station Anand Parbat, Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom are quashed.
13.
The present petition stands disposed of.
14.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 01, 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.