Shankar Sharma @ Rama Shankar Thakur & ORS v. State ( Govt Of NCT Of Delhi) & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5380/2018 & Crl.M.A.34707/2018 SHANKAR SHARMA @ RAMA SHANKAR THAKUR & ORS ..... Petitioner Through Mr.Sunil Satyarthi with Mr.Amit Mittal, Advs.

All petitioners in person.

versus STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Ms.Manjeet Arya, APP with SI Azad Singh, P.S.Ranhola.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 23.10.2018 1.

Vide the present petition, the petitioners seek quashing of the FIR No.0053/2014 registered u/s 34/406/498A of the IPC at P.S. Ranhola and all consequential proceedings emanating from the said FIR. 2.

Mr.Satyarthi, learned counsel for the petitioners submits that the marriage between the petitioner no.1 and the respondent no.2 was solemnized on 12.05.2011 at Shaharghat, Bihar but, due to temperamental differences, they started residing separately w.e.f.29.05.2012. He submits that subsequently respondent no.2 made a complaint against the petitioners leading to filing of the aforesaid FIR. He, however, submits that after filing of the charge-sheet, the parties have resolved their differences with the assistance of the Mediation Centre and have entered into a settlement agreement dated 18.04.2016, whereby petitioner no.1 and respondent no.2 had agreed to seek divorce by mutual consent. 3.

Mr. Satyarthi submits that pursuant to the aforesaid settlement, a

decree of divorce has been passed by the Court on 10.08.2017, whereby the marriage between the petitioner no.1 and the respondent no.2 stands dissolved by mutual consent. He further submits that the amount which the petitioners had undertaken to pay to the respondent no.2 as per the settlement stands paid to her.

4.

All the petitioners and respondent no.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2, who states that she has resolved all her differences with the petitioners and wishes to move on in life. She states that she does not want the criminal proceedings to proceed any further as that will cause more hardship to her.

5.

Keeping in view the fact that the parties have already resolved their differences and the marriage between the petitioner no.1 and respondent no.2 already stands dissolved by mutual consent, I am of the view that no useful purpose would be served in continuing with the present proceedings. 6.

Accordingly, in the interest of justice, the petition is allowed and the FIR No.0053/2014 registered u/s 34/406/498A of the IPC at P.S. Ranhola and all consequential proceedings emanating therefrom, are quashed subject to the petitioners paying a sum of Rs.10,000/- to the Delhi High Court Staff Welfare Fund. A copy of the receipt of deposit of costs will be handed over to the Investigation Officer.

7.

The petition is disposed of alongwith pending application in the above terms.

REKHA PALLI, J OCTOBER 23, 2018/sr