Full Text
CRL.M.C.446/2020
ANKURPARASHAR
S/0 SH.SUBHASH SHARMA R/0;- 816,SERVICE APARTMENT
OMAXE HEIGHTS,SECTOR-86, FARIDABAD,HARYANA. Petitioner No.l
PERMANENT R/0;HOUSE NO.767, SECT0R-7C,FARIDABAD,HARYANA
SMT.MAMTA SHARMA W/0 SH.SUBHASH SHARMA R/O:- HOUSE N0.767, SECT0R-7C,FARIDABAD,HARYANA Petitioner No.2
SH.ANKIT PARASHAR R/0:-HOUSE N0.767, SECT0R-7C,FARIDABAD,HARYANA Petitioner No.3
SUBHASH SHARMA
S/0 SH.CHANDIRAM SHARMA R/0:- HOUSE N0.767,SECT0R-7C, FARIDABAD,HARYANA Petitioner No.4
Through: Mr. Anis Mohammad and Mr. Praveen Tokas, Advocates with petitioners in-person.
THROUGH STANDING COUNSEL(CRL.)
HIGH COURT OF DELHI
2022:DHC:6041 \ NEW DELHI-110002 Respondent No.1
MS.OMESHWARI D/0 SR.MAHESH SHARMA R/0;HOUSE NO.290-C, PANDIT MOHALLA,VILE.TUGHLAKABAD, NEW DELHI Respondent No.2
Through; Ms.Nandita Rao,ASC for the State with SI Hari Singh,PS:Govind Puri.
Mr.Lovesh Chaudhary,Advocate with R-2in-person.
^ + W.P.(CRL) 185/2022, CRL.M.A. 5479/2022 and CRL.M.A.
MAHESH KUMAR SHARMA
S/0 SH.SOHAN LAL SHARMA Petitioner No.1 SUSHILA SHARMA
W/0SH.MAHES KUMAR SHARMA Petitioner No.2 OMESHWARI
D/0 SH.MAHESH KUMAR SHARMA Petitioner No.3 ALL R/O:HOUSE NO.290-C, PANDIT MOHALLA VILL.TUGHLAKABAD
JAIT PUR,SOUTH DELHI-110044.
(3 Praveen Tokas, Advocates with petitioners in-person.
THROUGH STANDING COUNSEL(CRL) Respondent No.l
SH.ANKUR PARASHAR R/O:816,SERVICE APARTMENT OMAXE HEIGHTS, SECTOR-86,FARIDABAD,HARYANA.
PERMANENT R/0:HOUSE N0.767, SEC-7C,FARIDABAD,HARYANA RespondentNo.2
Through: Ms.Nandita Rao,ASC for the State with ASI Hariman,PS:Saket.
Mr.Lovesh Chaudhary,Advocate with R-2 in-person.
SR.ANKUR PARASHAR S/0 SR.SUBRASR SRARMA Q R/0:816,SERVICE APARTMENTOMAXEHEIGHTS, SECTOR-86,FARIDABAD,HARYANA. Petitioner
Praveen Tokas, Advocates with petitioner in-person.
THROUGH STANDING COUNSEL(CRL) Respondent No.1
MAHESH KUMAR SHARMA
S/0 SR.SOHAN LAL SHARMA HOUSE NO.290-C, PANDIT MOHALLA VILL.TUGHLAKABAD
O JAITPUR,SOUTHDELHI-110044 RespondentNo.2
Through: Ms.NanditaRao,ASCforthe State with ASI Hariman,PS:Saket.
Mr. Anis Mohammad and Mr. Praveen Tokas,Advocates for R-2.
ORDER o/„ 28.09.2022
JUDGMENT
1. By way ofthe present petitions,the petitioners seek quashing ofFIR No.399/2017 under Sections 498-A/406/34 ofthe IPC registered at Police Station Govindpuri,FIR No.77/2020 under Sections 325/341/506/34 ofthe IPG and FIR No.47/2020 under Sections 325/341/34 of the IPG both registered at Police Station Saket, Delhi and the proceedings emanating therefrom.
2. The present FlRs is outcome ofa matrimonial dispute. The wife Shri Omeshwari D/o Mahesh Kumar Sharma in FIR No.399/2017 against her husband and in-laws.FIR No.77/2022 is lodged by Ankur(husband)against his wife and father in-law. FIR No.112/2021 is lodged by father of O Omeshwariagainstthe
3. The petitioners and respondent Nos. 2 are present in the court and they have been identified by the Investigating Officer.
4. During the pendency ofthe petitions,the parties have entered into an amicable settlement and have decided notto proceed with any ofthe FIR. The entire settlement has been arrived at between the parties.
5. Learned counsel appearing on behalf ofthe parties submit that with the intervention ofthe family members and well wishers, the parties have entered into MOU/Settlement vide Memorandum of Understanding dated Q 10.02.2021 {Annexure B)and it was agreed that amountofRs.70,00,000/will be paid to Mrs.Omeshwari towards all her claims regarding permanent alimony past/present/future and Maintenance Stridhan etc.
6. The statement and undertaking given on behalfofthe parties parties are taken on record and they are held bound by the same.
7. Taking into consideration the overall facts and circumstances ofthe case and the fact that the parties have arrived at an amicable settlement voluntarily, without any force, therefore, under such circumstances and in view ofthe law laid down by the Hon'ble Supreme Gourt in the matters of o o B.S. Joshi & Ors v. State ofHaryana & Anr'., Gian Singh v. State of Punjab ^and Jitendra Raghuvanshi& ors. v.Babita Raghuvanshi& Anr.^, there is no reason as to why genuine settlement between the parties of a matrimonial dispute shall not be encouraged.
8. Hence,the FIR No.399/2017 under Sections 498-A/406/34 oftheIPC registered at Police Station Govindpuri, FIR No.77/2020 under Sections 325/341/506/34 ofthe IPC and FIR No.47/2020 under Sections 325/341/34 ofthe IPC both registered at Police Station Saket,Delhi and the proceedings emanating therefrom are hereby quashed.
9. The petition is accordingly disposed of alongwith pending application.