Manik Sharma & Ors. v. State & Anr.

Delhi High Court · 27 Nov 2019 · 2019:DHC:6447
Brijesh Sethi
W.P.(Crl.) 3160/2019
2019:DHC:6447
criminal appeal_allowed

AI Summary

The Delhi High Court quashed a criminal FIR under Sections 498A, 406, and 34 IPC based on an amicable settlement reached through mediation and the complainant's withdrawal of grievance.

Full Text
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W.P.(Crl.) 3160/2019 1 HIGH COURT OF DELHI
Date of Decision: November 27, 2019
W.P.(CRL) 3160/2019
MANIK SHARMA & ORS. ..... Petitioners
Through: Mr. Ajay Khanna & Mr.Ankit Khanna, Advocates with petitioners in person
VERSUS
STATE & ANR. ..... Respondent
Through: Mr. G.M. Farooqui, Additional Public Prosecutor for respondent
No.1/State with SI Suresh Kumar Ms. Sujata Kumari, Advocate with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 116/2018, under Sections 498A/406/34 IPC, registered at police station Inderpuri, Delhi is sought in this petition on the basis of settlement of 17th January, 2019 reached before Mediation Centre, Patiala House Courts, New Delhi.
Mr. G.M. Farooqui, 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
2019:DHC:6447 W.P.(Crl.) 3160/2019 2 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 through Mediation
Centre, Patiala House Courts, New Delhi and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.3,00,000/- by way of demand draft bearing No.103701, dated 13th November, 2019, drawn on Canara Bank, New Delhi from petitioners and that decree of divorce has already been granted by the Family Court on 6th August, 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. 116/2018, under Sections 498A/406/34 IPC, registered at police station Inderpuri, Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition stands disposed of.
(BRIJESH SETHI)
JUDGE
NOVEMBER 27, 2019 r 2019:DHC:6447