Manoj Kumar Sharma & ORS v. Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3812/2016 MANOJ KUMAR SHARMA & ORS ..... Petitioners Through:

Mr. Sandeep Kumar Tyagi, Advocate with the petitioners in person.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State with ASI Mukesh Meena, P.S. Sagarpur, Delhi.

Ms.Meenakshi, Advocate for R2/complainant with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.10.2016 Crl.M.A.Nos.15952/2016 and 16024/2016 (Exemption) Exemption granted, subject to all just exceptions. Applications stand disposed of.

CRL.M.C. 3812/2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR No.26/2014, under Sections498A/406/34 IPC, registered at Police Station Sagarpur, Delhi and all

proceedings arising therefrom.

Counsel for the petitioners submits that the matter has been amicably settled between the petitioners and the respondent No.2/complainant vide Settlement Agreement placed on record at page 26 of the paper book for a total sum of Rs.6 lacs.

He further submits that out of the total settled amount, an amount of Rs.5 lacs has already been paid to the complainant and the remaining amount of Rs.1 lac has to be paid to her at the time of quashing of the FIR. He further submits that the marriage between the parties has already been dissolved by a decree of divorce dated 14th January, passed by the Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi in HMA No.80/16 placed on record as Annexure P-3 of the paper book. Counsel accordingly prays that since the matter has been settled between the parties, the FIR and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant is present in Court along with counsel. She is identified by her counsel and the Investigating Officer ASI Mukesh Meena, P.S. Sagarpur, Delhi. A demand draft bearing No.005259 dated 23.08.2016 in the sum of Rs.1 lac towards the remaining settled amount has been handed over by counsel for the petitioners to the respondent No.2/complainant in Court today which has been duly received and accepted by her. She submits that she has settled the matter with the petitioners voluntarily and without any force, pressure or coercion. She also submits that she has now no claim or grievance against the petitioners and has got no objection, if the FIR is quashed against them. Looking into the facts and circumstances and to meet the ends of justice, the petition is allowed and the FIR No.26/2014, under Sections498-

A/406/34 IPC, registered at Police Station Sagarpur, Delhi and all proceedings emanating therefrom are hereby quashed. The petition is disposed of accordingly.

I.S.MEHTA, J OCTOBER 07, 2016 'dc'