High Court of DelhiW.P.(CRL)/3598/2017

Nitin Kumar Sharma & ORS v. The State Govt Of NCT Of Delhi & ANR

2018-01-23Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3598/2017 NITIN KUMAR SHARMA & ORS ..... Petitioners Through Mr. Imran Khan and Ms. Anjum Bano, Advs along with petitioner No.1.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Ms. Megha for Mr. Avi Singh, ASC for the State along with SI Khushbu Singh.

R-2 with her counsel Mr. Surendra Bharti, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 23.01.2018 Present petition seeks quashing of FIR No.78/2017 registered under Sections 498-A/406 read with Section 34 of the IPC at Police Station Kalyan Puri. Petitioner No.1 and respondent No.3 were married on 06.12.2013. One child was born out of their wedlock who is aged 3 year and presently in the custody of respondent No.3. Their marriage could not be fructified. Their matrimonial status was thus discharged in terms of a decree of divorce granted in favour of the parties on 02.11.2017. Parties had arrived at a settlement before the Mediation Cell; the deed of settlement has been placed on record which Ex.PA dated 13.04.2017. Parties shall be bound by the terms

and conditions contained in Ex.PA. In terms of the aforenoted settlement, petitioner No.1 has agreed to pay a sum of ₹10 lacs to respondent No.3 of which ₹6 lacs stands already paid and a sum of ₹4,25,000/- has been paid by way of one demand draft of ₹1,25,000/- made in favour of respondent No.3 and a FDR in the name of the child of the parties which is in the sum of ₹3 lacs. Both the aforenoted documents have been handed over to respondent No. 2. Investigating Officer is present. She has identified the complainant. Parties having settled the dispute, it would be an exercise in futility to continue with the present FIR.

Accordingly to secure the ends of justice, FIR No.78/2017 registered under Sections 498-A/406 read with Section 34 of the IPC at Police Station Kalyan Puri and all proceedings emanating thereto are quashed.

Petition disposed of in the above terms.

INDERMEET KAUR, J JANUARY 23, 2018