Pradeep Sharma & ORS. v. State & ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2860/2023 PRADEEP SHARMA & ORS.

..... Petitioners Through:

Ms. Niklesh Kumari, Advocate along with petitioners.

versus STATE & ANR.

..... Respondents Through:

Mr. Amol Sinha, ASC for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumar and Ms. Chavi Lazarus, Advocates.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 05.04.2024 CRL.M.A. 26577/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 2860/2023 3.

The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of the petitioners seeking quashing of FIR bearing No. 426/2022, registered at Police Station Mansarovar Park, Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟), and all proceedings emanating therefrom. 4.

Issue notice. Mr. Amol Sinha, learned ASC appearing on behalf of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

State accepts notice.

5.

All the petitioners are present before this Court, who have been identified by their counsel Ms. Niklesh Kumari and Investigating Officer, Police Station Mansarovar Park, Delhi.

6.

Brief facts of the case, as per the petition are, that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 23.11.2017, according to Hindu rites and customs. It is stated that no child was born out of the said wedlock. It is stated that on the complaint of respondent no. 2, the said FIR got registered against the petitioners, at Police Station Mansarovar Park, Delhi. It is stated that both the parties have amicably settled all their disputes and differences before vide Settlement Deed dated 26.08.2023. Hence, the present petition has been instituted for quashing of FIR.

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 26.08.2023. It is further stated that she has no objection if the 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 426/2022, registered at Police Station Mansarovar Park, Delhi, for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

11.

The petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 5, 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.