Shreyansh Sharma @ M.K. Shreyans & ORS. v. State Gnct Of Delhi & ANR.

$~118 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2004/2024 SHREYANSH SHARMA @ M.K. SHREYANS & ORS....Petitioners Through:

Mr. Rahul Dadwal, Adv.

versus STATE GNCT OF DELHI & ANR.

.....Respondents Through:

Mr.Sanjay Lao, ASC SI Sumeet Pomia, PS Vivek Vihar.

Complainant/R-2 is present with counsel

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 08.07.2024 CRL.M.A. 19463/2024 (exemption) Exemption is allowed subject to all just exceptions. W.P.(CRL) 2004/2024

1. The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.PC seeking quashing of case FIR bearing No.0149/2023 registered at PS Vivek Vihar under Sections 498A/509/ 34 IPC.

2. Issue notice.

3. Learned ASC has accepted the notice.

4. The complainant is also present in person with the counsel.

5. Both the parties submit that petitioner No.1 and respondent No.2 have resolved all their disputes and differences and entered into an agreement vide MoU/Compromise Agreement dated 17.06.2024 with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the following terms and conditions;

"5. That it is agreed between the parties that the terms have been settled between the parties of their own free wish and will, volition and consent and without there being any undue influence, pressure, coercion, misrepresentation or mistake (both of fact and law), in any form, whatsoever and the settlement agreement has correctly recorded the said agreed terms and the contents of the present memorandum of understanding have been read over to both the parties are vernacular.

6.That after the execution of this present compromise deed it shal be considered that all the disputes have been settled between the parties amicably and no dispute/issue is left anattended/unresolved between each other. That the first party further agrees that they have no claims or grievance against the party to the second part and therefore has/have volunteered to participate in the quashing petition preferred by the counsel of the party to the second part which shall be filed before the Hon'ble High court of Delhi at New Delhi and before Hon'ble High Court of Uttar Pradesh seeking quashing of the F.I.R the details of which have been discussed in the preceding paras.

7. That the party to the first part has further agreed that she shall make sincere efforts in settling the matter with the party to the second part, and shall further give her statement before the Hon'ble Court regarding the same.

8. That both the parties have put their signatures on this compromise deed after perusing each and every condition mentioned here in and have no objections what so ever in case the F.I.Rs mentioned above are quashed by the respective Hon'ble High Court.

9. That no gratification or money of any kind have been exchanged amongst the parties as consideration for the purposes of the F.I.Rs mentioned above.

10. That this compromise has been effected between the parties on this 17 day of June 2024 with their free will and consent without The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

any pressure, coercion, or undue influence from any quarter and it is further agreed between that they shall be bound by the terms and conditions as stated in this compromise/agreement/memorandum of understanding."

6. Both parties are present in court and have duly been identified by the Investigation Officer. I.O. further states that both parties are residing together happily and peacefully. Respondent No. 2 submits that she has entered the settlement voluntarily without any fear, force, or coercion. The complainant states that since she has resolved all the disputes between the parties and is already residing together with Petitioner no. 1, she has no objection if the FIR bearing No.149/2023 registered at PS Vivek Vihar under Sections 498A/509/ 34 IPC, and all the proceedings emanating therefrom are quashed.

7. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force, or coercion and they should be given an opportunity to lead their lives peacefully together. No purpose will be served in continuing with the trial.

8. In view of the above, FIR bearing No.0149/2023 registered at PS Vivek Vihar under Sections 498A/509/ 34 IPC, and all the other proceedings emanating therefrom are quashed.

9. The present petition along with all the pending applications stands disposed of.

DINESH KUMAR SHARMA, J JULY 8, 2024/Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.