Virender Sharma & ORS. v. State Of NCT Through Sho & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2109/2024 & CRL.M.A. 20435/2024 VIRENDER SHARMA & ORS.

.....Petitioners Through:

Ms. Richa Gambhir Dewan and Ms.

Somya Goel, Advs. with petitioner No. 2.

versus STATE OF NCT THROUGH SHO & ANR.

.....Respondents Through:

Mr. Anand V. Khatri, ASC (Crl) with Ms. Neelu, Mr. Ashish and Mr. Ruhil, Advs.

SI Sheetal, PS Hauz Khas.

Mr.Vijay Chawla, Mr.Arun Mahajan, Mr.Vaibhav Chawla and Mr.Vipul Saini, Advs. for R-2 with R-2 through V.C.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 05.12.2024 1.

This is a petition filed under Article 226 of the Constitution of India read with section 482 of Code of Criminal Procedure, 1973 seeking quashing of FIR No. 308/2019, dated 02.12.2019, registered at Police Station Hauz Khas, New Delhi under Sections 498-A/406/354/34 IPC, 1860 and all consequential proceedings emanating therefrom, if any. 2.

During the pendency of the proceedings, the parties have arrived at a settlement on 03.11.2023 by executing a Memorandum of Settlement whereby the petitioner No. 2/husband had to pay a sum of Rs. 4 lakhs in total to respondent No.2/wife towards full and final settlement of all her The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

claims.

3.

Out of the total amount of 4 lakhs an amount of Rs. 2.5 lakhs has already been paid to respondent no. 2 and the balance sum of Rs. 1.5 lakhs has been paid today in Court vide Demand Draft bearing No. 001198, dated 03.12.2024 drawn on AU Small Finance Bank, Panipat. 4.

The petitioners are present i.e. Mr. Virender Sharma (petitioner no. 1), Mr. Varun Sharma/husband (petitioner no. 2), Mrs. Rajni Sharma (petitioner no. 3), Mrs. Khusbhu Sharma (petitioner no. 4) are present in and has been identified by his counsel, namely, Ms. Richa Gambhir Dewan, Adv and Investigating Officer SI Sheetal, P.S. Hauz Khas. 5.

Respondent No. 2/wife has also joined through video-conferencing mode and has been identified by her counsel, namely, Mr. Vijay Chawla, Adv and Investigating Officer SI Sheetal, P.S. Hauz Khas. 6.

Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.

7.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. There is no child born out of the wedlock.

8.

For the reasons noted above, FIR No. 308/2019, dated 02.12.2019, registered at Police Station Hauz Khas, New Delhi under Sections 498A/406/354/34 IPC, 1860 and all consequential proceedings emanating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

therefrom, if any, are hereby quashed.

9.

The petition along with pending application, if any is disposed of accordingly.

JASMEET SINGH, J DECEMBER 5, 2024/akc 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.