Amit Sharma v. The State & Anr

Delhi High Court · 16 Nov 2018 · 2018:DHC:8270
A. K. Pathak
CRL.M.C.5361/2018
2018:DHC:8270
criminal appeal_allowed

AI Summary

The Delhi High Court quashed criminal proceedings arising from matrimonial disputes after the parties voluntarily settled before the National Lok Adalat and obtained a mutual consent divorce.

Full Text
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cC $-5 &25 HIGH COURT OF DELHI
CRL.M.C.5361/2018
AMIT SHARMA Petitioner
Through Mr.Arun Kumar Tewari,Adv.
VERSUS
THE STATE& ANR Respondents
Through Dr. M.P. Singh, APP with ASI Hawa Singh,P.S.Nihal Vihar
Respondentno.2in person AND
CRL.M.C.3555/2018 and Crl. M.A.nos.34625-26/2018
AMIT SHARMA & ORS Petitioners
Through Mr.Arun Kumar Tewari,Adv.
VERSUS
THE STATE& ANR Respondents
Through Dr. M.P. Singh, APP with ASI Hawa Singh,P.S.Nihal Vihar
Respondent no.2in person
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
16.11.2018 Notice. Learned APP accepts notice for respondent no. 1.
Respondent no.2 Ms. Sonia Sharma is present in Court and accepts notice.
2018:DHC:8270 She has been identified by ASI Hawa Singh ofpolice station Nihal Vihar.
Respondent no.2 submits that she has settled the matter with the petitioner no. 1 ofher own free will and without any undue force, pressure or coercion before the National Lok Adalat on 8'^ April, 2017 held at
Dwarka Court Complex,New Delhi. Cost of^5,000/- has been paid by the petitioner no. 1 to respondent no. 2. Respondent no. 2 submits that her marriage with petitioner no.l has already been dissolved by a decree of divorce by mutual consent dated 23'^''December,2017 passed by the Family
Courts, South-West District, Dwarka Courts, New Delhi. Petitioner no. 1 has paid ^2,00,000/- to the respondent no. 2, vide two demand drafts, photocopies whereofhave been placed on record.Respondentno.2says that she has received the entire settled amount and she has no objection in case
FIR no. 648/2014 under Sections 323/342/506 IPC and FIR no. 142/2015 under Sections 498-A/406/34 IPC , both registered at Police Station Nihal
Vihar and consequent proceedings emanating therefrom are quashed against the petitioners.
Keeping in mind the settlement arrived at between the petitioners and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIRs and consequent proceedings emanating, therefrom are quashed.
Both the petitions are disposed ofin the above terms. Miscellaneous applications are disposed ofas infructuous. Dasti.
NOVEMBER 16,2018 r.bararia .K.pimikK,j.
V
JUDGMENT