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W.P.(CRL) 2493/2019 1
HIGH COURT OF DELHI
Date of Decision: January 20, 2020
HIGH COURT OF DELHI
Date of Decision: January 20, 2020
W.P.(CRL) 2493/2019 and CRL.M.A. 35253/2019
AMIT SHARMA & ORS. ..... Petitioner
Through: Mr. Pravin Sharma, Ms.Kanika Sharma & Mr. Sameer Yadav, Advocates with petitioners in person.
AMIT SHARMA & ORS. ..... Petitioner
Through: Mr. Pravin Sharma, Ms.Kanika Sharma & Mr. Sameer Yadav, Advocates with petitioners in person.
VERSUS
STATE & ANR. ..... Respondent
Through: Mr.R.S.Kundu, Additional Public Prosecutor for respondent/State with W/ASI Roshni Sharma
Respondent No.2 in person.
Through: Mr.R.S.Kundu, Additional Public Prosecutor for respondent/State with W/ASI Roshni Sharma
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 76/2018, under Sections 498A/406/377/34
IPC, registered at police station Nanakpura, New Delhi is sought in this petition on the ground that the matrimonial dispute inter se parties stand resolved in terms of mediated Settlement Agreement of 18th April, 2019 reached through CAW Cell, Malviya Nagar, New Delhi and that decree of divorce has already been granted by the Family Court, Dwarka, New
2020:DHC:368
Quashing of FIR No. 76/2018, under Sections 498A/406/377/34
IPC, registered at police station Nanakpura, New Delhi is sought in this petition on the ground that the matrimonial dispute inter se parties stand resolved in terms of mediated Settlement Agreement of 18th April, 2019 reached through CAW Cell, Malviya Nagar, New Delhi and that decree of divorce has already been granted by the Family Court, Dwarka, New
2020:DHC:368
W.P.(CRL) 2493/2019 2
Delhi on 6th December, 2019.
Notice.
Mr.R.S.Kundu, learned Additional Public Prosecutor for respondent/State submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified by the Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of mediated
Settlement Agreement of 18th April, 2019 and terms of settlement reached between the parties have been fully acted upon and that decree of divorce has already been granted by the Family Court, Rohini, New Delhi on 6th December, 2019. Respondent No.2 submits that now no grievance against petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and Quashing of FIR No. 76/2018, under Sections 498A/406/377/34 IPC, registered at police station
Nanakpura, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition alongwith pending application stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
JANUARY 20, 2020 r 2020:DHC:368
Delhi on 6th December, 2019.
Notice.
Mr.R.S.Kundu, learned Additional Public Prosecutor for respondent/State submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified by the Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of mediated
Settlement Agreement of 18th April, 2019 and terms of settlement reached between the parties have been fully acted upon and that decree of divorce has already been granted by the Family Court, Rohini, New Delhi on 6th December, 2019. Respondent No.2 submits that now no grievance against petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and Quashing of FIR No. 76/2018, under Sections 498A/406/377/34 IPC, registered at police station
Nanakpura, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition alongwith pending application stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
JANUARY 20, 2020 r 2020:DHC:368