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High Court of DelhiCRL.M.C./5992/2024

Sunil Sharma & ORS. v. State NCT Of Delhi & ANR.

2024-08-05Hon'Ble Mr. Justice Anish Dayal2 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5992/2024 and CRL.M.A. 22878/2024 SUNIL SHARMA & ORS.

.....Petitioners Through:

Mr. Chander Prabha, Ms. Kanak Lata Tripathi, Mr. Anand Kumar Dwivedi, Mr. Satender Singh Tanwar and Ms.

Divya Bhardwaj, Advs.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr Hitesh Vali APP with Mr Deepankar Kataria Advocate for State with SI Sachin Dhama, PS Shalimar Bagh.

Ms. Monika Sharma and MR. Deepak Behl, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 05.08.2024 1.

This petition has been filed for quashing of FIR No.691/2016 PS Shalimar Bagh under Sections 498A/406/34 IPC on the basis of a settlement dated 06th January, 2024.

2.

The petitioner was married to respondent No.2. Due to marital discord, the marriage has resulted in a divorce vide decree dated 14th March, 2024. No child was born out of wedlock.

3.

As per the settlement, an amount of Rs.20 Lacs had to be received by respondent No.2, out of which an outstanding balance of Rs.10 Lacs has been tendered today vide DD No. 504088 drawn on ICICI Bank and duly The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 08:25:57

received by respondent No.2 in Court. Petitioner Nos.1-3 and respondent No.2/complainant are present in Court and duly identified by the IO. 4.

The APP for the State informs that there was an another accused, namely, Veena Sharma, who has since passed away. 5.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.691/2016 PS Shalimar Bagh under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 5, 2024/MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 08:25:57