High Court of DelhiCRL.M.C./271/2024

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

2024-01-11Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 271/2024 ANKUR SHARMA & ORS.

..... Petitioners Through:

Mr. N.K. Sharma and Mr. Dinesh Kumar Sharma, Advocates versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with SI Abhishek, P.S.

Harsh Vihar.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 11.01.2024 CRL.M.A. 1067/2024 (exemption) 1.

Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 271/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners seeking quashing of FIR bearing no. 50/2020, registered at Police Station Harsh Vihar, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom. 4.

Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

All the petitioners are present before this Court and have been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

identified by their counsel Mr. N.K. Sharma and Investigating Officer (IO) SI Abhishek from Police Station Harsh Vihar, Delhi. 6.

Brief facts of the case are that the marriage of the petitioner no. 1 and respondent no. 2 was solemnized on 07.074.2018 as per Hindu Rites and Ceremony at Delhi. No child was born out of the said wedlock. It is stated that respondent no. 2 started living separately from petitioner no.1 since 27.09.2018. On the complaint of respondent no. 2, the present FIR bearing no. 50/2020, was registered at Police Station Harsh Vihar, Delhi for offences punishable under Sections 498A/406/34 of IPC against the petitioners. It is stated that during the trial, the accused Praveen Kumar Sharma (who was father-in-law of the respondent no. 2) had expired on 18.12.2020. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties before Delhi Mediation Centre, Karkardooma Courts, Delhi vide Settlement Deed dated 12.12.2022.

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 before Delhi Mediation Centre, Karkardooma Courts, Delhi vide Settlement Deed dated 12.12.2022 entered into between them.

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.

The petitioner no. 1 had paid a sum of Rs. 6,00,000/- in three The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

installments in the following manner:

a. First installment of Rs.2,00,000/- paid to respondent no. 2 in the first motion petition.

b. Second installment of Rs.2,00,000/- paid to respondent no. 2 in the second motion petition.

c. Third/Final instalment of Rs.2,00,000/- to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi. 10.

Today, the complainant who is present in Court states that she has received the last and final instalment of Rs.2,00,000/- today, i.e., 11.01.2024 vide DD No. 369647 drawn on Punjab National Bank 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 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. 50/2020, registered at Police Station Harsh Vihar, Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 13.

The petition stands disposed of.

14.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 11, 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.