Ashok Sharma & ORS v. State Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3902/2016 ASHOK SHARMA & ORS ..... Petitioners Through:

Ms.Manisha Sharma, Adv.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Ms.Kusum Dhalla, APP for State with Investigating Officer WASI Gayatri, Police Station-Chhawla Mr.R.S.Bind, Adv. for complainant

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 26.10.2016 Crl.M.A.No.16391/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3902/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.271/2013, under Sections 498-A/406/34 IPC, registered at Police Station Chhawla, Delhi.

All the petitioners are present in Court. Learned counsel for the petitioners has submitted that due to some misunderstanding between the parties a complaint was made by the complainant which resulted in registration of the FIR in question. Counsel further submits that during the pendency of the proceedings, with the help/intervention of the friends and relatives of both the sides, the matter has been amicably settled between the parties vide compromise deed dated 1st September, 2016. He further submits that the

marriage between the petitioner No.1/husband and the respondent No.2/wife has already been dissolved by a decree of divorce by mutual consent dated 01st September, 2016. Counsel further submits that since the dispute between the parties has been amicably settled, no useful purpose would be served by continuing with the criminal proceedings against the petitioners, hence the FIR in question may be quashed.

Respondent No.2/ complainant, Smt.Rajni is present in Court today and is identified by the Investigating Officer, WASI Gayatri of Police Station Chhawla. Respondent No.2/complainant admits that she has amicably settled the matter with the petitioners voluntarily and without any force, pressure or coercion from anybody. A demand draft bearing No.503809 dated 21st October, 2016 in the sum of Rs.2,00,000/- towards the last instalment of the settled amount has already been handed over to her by counsel for the petitioners which has been accepted and received by her. She further submits that she has no objection if the present FIR in question is quashed against the petitioners.

Accordingly, all disputes arisen between the parties have been stated to be settled and no further adjudication between the parties is left out and the parties have taken their respective stand separately peacefully to further settling their carrier in future, consequently, FIR No.271/2013, under Sections 498A/406/34 IPC, registered at Police Station Chhawla, Delhi and all the proceedings emanating therefrom are quashed.

The present petition is disposed of accordingly. I.S.MEHTA, J OCTOBER 26, 2016/radhika