Vikram Sharma & Ors. v. State & Anr.

Delhi High Court · 23 Oct 2019 · 2019:DHC:5527
Brijesh Sethi
W.P.(Crl.) 3012/2019
2019:DHC:5527
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the ground of amicable settlement and mutual consent divorce between the parties.

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W.P.(Crl.) 3012/2019 HIGH COURT OF DELHI
Date of Decision: October 23, 2019
W.P.(CRL) 3012/2019 & Crl.M.A. 39104/2019
MR. VIKRAM SHARMA & ORS. ..... Petitioners
Through Mr. R.K. Kohli and Ms. Jyoti Kohli, Advocate alongwith petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Tanuj Bhadana, Advocate for Mr. Avi Singh, ASC for the State with SI Radha, P.S.: Delhi Cantt.
Ms. Swati Chawla, Advocate for Respondent no.2 alognwith respondent no.2
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)

1. Quashing of FIR No. 0154/2018, under Sections 498A/406/34 IPC, registered at police station Delhi Cantt., Delhi is sought on the ground that the dispute between the parties stands amicably settled. Respondent no.2, who is present in the court today submits that he has settled the dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever. 2019:DHC:5527

2. Notice.

3. Mr. Tanuj Bhadana, learned counsel for the respondent/State accepts notice and submits that the petitioners as well as respondent No.2/ complainant of this FIR, who are present in the court have been duly identified by the Investigating Officer of this case.

4. The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding dated 17.12.2018. The parties have already obtained divorce by mutual consent on 20.08.2019. The settlement amount was Rs. 9,50,000/-, out of which Rs. 2,50,000/- has been paid to respondent no.2 at the time of first motion and Rs. 2,50,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 4,50,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has already been placed on record.

5. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved. Respondent No.2 further submits that now no dispute with petitioners survives and therefore, the proceedings arising out of the FIR in question be brought to an end.

6. Since the dispute stands amicably resolved between the parties, the petition is allowed and FIR No. 0154/2018, under Sections 498A/406/34 IPC, registered at police station Delhi Cantt., Delhi and the proceedings emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of. The other pending application also stands disposed of.

JUDGE OCROBER 23, 2019 savita