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High Court of DelhiCRL.M.C./6194/2018

Sh. Varun Kumar Sharma & ORS. v. State & ANR.

2019-04-29Hon'Ble Mr. Justice Chander Shekhar2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6194/2018 & CRL.M.A.49029/2018 SH. VARUN KUMAR SHARMA & ORS. ..... Petitioners Through:

Mr. Y.D. Kaushik, Advocate versus STATE & ANR.

..... Respondents Through:

Mr.Panna Lal Sharma, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.91/2011, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and Section 4 of the Dowry Prohibition Act, 1961 (DP Act), registered at P.S.: Shahdara, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 31.7.2014. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 19.12.2015.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, she has no objection to the petition being allowed and the FIR being quashed.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement.

5.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.91/2011, under Sections 498A/406/34 of the IPC and Section 4 of the DP Act, registered at P.S.: Shahdara, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in the above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J APRIL 29, 2019 tp