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High Court of DelhiW.P.(CRL)/1798/2018

Durgesh Kumar Sharma & ORS v. State (NCT Of Delhi)& ANR

2018-06-01Hon'Ble Mr. Justice S.P.Garg2 pages

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1798/2018 DURGESH KUMAR SHARMA & ORS ..... Petitioners Through :

Mr.Vinay Kumar Sharma, Advocate, along with petitioners present in person.

versus STATE (NCT OF DELHI)& ANR ..... Respondents Through :

Ms.Kamna Vohra, ASC.

Ms.Yashima Sharma, Advocate for the complainant/R-2 along with R-2 present in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 01.06.2018 Crl.M.A.No.11127/2018 (Exemption) 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 1798/2018 1.

Present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.489/2016 registered under Sections 406/498A/34 IPC at Police Station Dabri. It is stated that the matter has been settled W.P.(CRL) 1798/2018

amicably with the complainant / respondent No.2 before the Mediation Centre, Dwarka Courts, New Delhi vide settlement agreement dated 25.04.2017.

2.

Complainant / respondent No.2 is present and has been identified by the petitioner's counsel. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question.

Divorce by mutual consent has already been granted. Pursuant to the settlement, remaining amount of `2 lacs by way of demand draft bearing No.068628 dated 14.05.2018 drawn on Syndicate Bank in the name of the complainant has been given to her. 3.

The petition is supported by affidavits of the parties. Settlement deed dated 25.04.2017 signed by the parties before Mediation Centre, Dwarka Courts, New Delhi is on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to settle in life after divorce, FIR No.489/2016 registered under Sections 406/498A/34 IPC at Police Station Dabri, Delhi and all the proceedings arising therefrom are quashed. 4.

The petition stands disposed of accordingly.

S.P.GARG, J.

JUNE 01, 2018 /sa W.P.(CRL) 1798/2018