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$-27 HIGH COURT OF DELHI
CRL.M.C. 3507/2013
MANOJ SHARMA & ORS ..... Petitioners
Through: Mr.Sanjay K. Sharma with Mr.Rajeev K.
Agarwal, Advs. with petitioners in person.
CRL.M.C. 3507/2013
MANOJ SHARMA & ORS ..... Petitioners
Through: Mr.Sanjay K. Sharma with Mr.Rajeev K.
Agarwal, Advs. with petitioners in person.
VERSUS
STATE & ANR ..... Respondents
CORAM:
Through: Ms. Jasbir Kaur, APP for the State.
Mr.Raghav Gupta, Adv. for R-2 with R-2 in person.
ASI Shripal Singh, P.S. Hauz Qazi.
HON'BLE MS. JUSTICE VEENA BIRBAL /o Notice.
30.08.2013 Learned APP for State accepts notice.
The respondent no.2 is also present with her counsel. The respondent no.2 also accepts notice.
With the consent ofparties the matter is taken up for final disposal.
This is a petition under Section 482 Cr.P.C. for quashing of FIR
No.54/2004 under Section 498N406/34 IPC registered at P.S. Hauz Qazi and the proceedings arising therefrom pending against the petitioners in the court ofLd.M.M., Tis Hazari Courts, Delhi.
The marriage between the parties was solemnised on 04.02.1999 according to Hindu rites and ceremonies and a daughter, namely, Unnati has
Mr.Raghav Gupta, Adv. for R-2 with R-2 in person.
ASI Shripal Singh, P.S. Hauz Qazi.
HON'BLE MS. JUSTICE VEENA BIRBAL /o Notice.
30.08.2013 Learned APP for State accepts notice.
The respondent no.2 is also present with her counsel. The respondent no.2 also accepts notice.
With the consent ofparties the matter is taken up for final disposal.
This is a petition under Section 482 Cr.P.C. for quashing of FIR
No.54/2004 under Section 498N406/34 IPC registered at P.S. Hauz Qazi and the proceedings arising therefrom pending against the petitioners in the court ofLd.M.M., Tis Hazari Courts, Delhi.
The marriage between the parties was solemnised on 04.02.1999 according to Hindu rites and ceremonies and a daughter, namely, Unnati has
CRL.M.C. 3507/2013 Page 1 of3
2013:DHC:7416
•• born from their wedlock on 20.07.2002 who is in the care and custody of respondent no.2.
With the passage of time they had dispute and differences as a result of.which they could not live together. The respondent no.2 filed a complaint before CAW Cell, Nanak Pura, Delhi against the petitioners. She also filed a petition under Section 125 Cr.P.C. against petitioner no.1 for maintenance.
On the complaint of respondent no.2 FIR was registered against petitioners on 03.03.2004. It is stated that in the proceedings arising out of said FIR and maintenance case MP No. 284/3/2003 joint statement of petitioner no.1 and respondent no.2 was recorded wherein they agreed to take divorce by way of mutual consent and petitioner no.l agreed to pay ~8.75 lakhs to respondent no.2 by way of four instalments towards full and final settlement of all her claims and respondent no.2 agreed to withdraw all the cases filed by her against the petitioner as well as agreed for quashing ofaforesaid FIR.
The settlement was arrived at on 13.3.2013. It is stated that pursuant thereto parties have taken divorce by way of mutual consent. The divorce decree dated 21.05.2013 is placed on record. It is stated that ~6.50 lakhs has already been received by respondent no.2 as per details given in the petition and balance ~2.25 lakhs is paid to her by way of bank draft today in the court. It is stated that as the parties have amicably settled the matter, the aforesaid FIR and the proceedings arising therefrom be quashed.
The respondent no.2 is present with counsel. She has confirmed having received ~6.50 lakhs earlier from the petitioner no.1 and ~2.25 lakhs has been received by her today in the court by way·of bank draft. She has
CRL.M.C. 3507/2013 Page 2 of3 also given a statement on oath which has been separately recorded today that she has no objection for quashing of aforesaid FIR and the proceedings arising therefrom.
As the present is a family dispute and parties have amicably settled the matter and divorce between petitioner no. I and respondent no.2 has also been effected and respondent no.2 has received full and final payment, there is no point in keeping the FIR and proceedings arising therefrom pending.
Accordingly, the aforesaid FIR and the proceedings arising therefrom stand quashed.
The petition stands disposed of.
AUGUST 30, 2013 srb
2013:DHC:7416
•• born from their wedlock on 20.07.2002 who is in the care and custody of respondent no.2.
With the passage of time they had dispute and differences as a result of.which they could not live together. The respondent no.2 filed a complaint before CAW Cell, Nanak Pura, Delhi against the petitioners. She also filed a petition under Section 125 Cr.P.C. against petitioner no.1 for maintenance.
On the complaint of respondent no.2 FIR was registered against petitioners on 03.03.2004. It is stated that in the proceedings arising out of said FIR and maintenance case MP No. 284/3/2003 joint statement of petitioner no.1 and respondent no.2 was recorded wherein they agreed to take divorce by way of mutual consent and petitioner no.l agreed to pay ~8.75 lakhs to respondent no.2 by way of four instalments towards full and final settlement of all her claims and respondent no.2 agreed to withdraw all the cases filed by her against the petitioner as well as agreed for quashing ofaforesaid FIR.
The settlement was arrived at on 13.3.2013. It is stated that pursuant thereto parties have taken divorce by way of mutual consent. The divorce decree dated 21.05.2013 is placed on record. It is stated that ~6.50 lakhs has already been received by respondent no.2 as per details given in the petition and balance ~2.25 lakhs is paid to her by way of bank draft today in the court. It is stated that as the parties have amicably settled the matter, the aforesaid FIR and the proceedings arising therefrom be quashed.
The respondent no.2 is present with counsel. She has confirmed having received ~6.50 lakhs earlier from the petitioner no.1 and ~2.25 lakhs has been received by her today in the court by way·of bank draft. She has
CRL.M.C. 3507/2013 Page 2 of3 also given a statement on oath which has been separately recorded today that she has no objection for quashing of aforesaid FIR and the proceedings arising therefrom.
As the present is a family dispute and parties have amicably settled the matter and divorce between petitioner no. I and respondent no.2 has also been effected and respondent no.2 has received full and final payment, there is no point in keeping the FIR and proceedings arising therefrom pending.
Accordingly, the aforesaid FIR and the proceedings arising therefrom stand quashed.
The petition stands disposed of.
AUGUST 30, 2013 srb
CRL.M.C. 3507/2013 v~~
VEENA BIRBAL, J Page 3 of3
VEENA BIRBAL, J Page 3 of3
JUDGMENT