Deepak Sharma v. The State of NCT of Delhi & Anr

Delhi High Court · 06 Mar 2018 · 2018:DHC:8703
S.P. Garg
W.P.(Crl.) Nos.69/2018 & 78/2018
2018:DHC:8703
criminal petition_allowed

AI Summary

The Delhi High Court quashed two FIRs related to matrimonial offences on the ground of amicable settlement and the complainant's consent, exercising its inherent powers under Section 482 Cr.P.C.

Full Text
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V
$-3 &4 HIGH COURT OF DELHI 4- W.P.(CRL) 69/2018
DEEPAK SHARMA & ORS. Petitioners
Through : Mi\D.S.Vohra with Mr.Yogender Sharma, Advocates along with petitioners present in person.
VERSUS
THE STATE OFNCTOF DELHI & ANR Respondents
Through : Mi'.Jamal Akhtar, counsel for Mr.Rahul
Mehra, Standing counsel.
Ms.Bhanu, Advocate, for the complahiant along with complainant present in person.
SI Vijay-Kumar, PS Farsh Bazar.
W.P.(CRL) 78/2018
: DEEPAK SHARMA & ORS. Petitioners
Through : Mr.D.S.Vohra with Mr.Yogender Sharma, Advocates along with petitioners present in person.
VERSUS
TFIE STATEOF NCT OF DELHI & ANR Respondents
Through : Mr.Jamal Akhtar, counsel for Mr.Rahul
: Mehra, Standing counsel.
Ms.Bhanu, Advocate, for the complainant along with complainant present in person.
SI Vijay Kumar, PS Farsh Bazar.
W.P.(Crl.)Nos.69/18& 78/18 - Page I of2 2018:DHC:8703
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
06.03.2018
ORDER

1. Present W.P.(Crl.) Nos.69/2018 and 78/2018 under Article 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. have been filed by the petitioners for quashing of FIR No. 256/2016 under Sections 354/341/323/506/34 IPC at Police Station Farsh Bazar and FIR No.459/2016 under Sections 498A/34 IPC and Section 4 Dowry Prohibition Act registered at PS Seelampur respectively. It is stated that the matter has been settled amicably and the petitioner- Deepak Sharma and complainant/Respondent No.2 are liying together in the matrimonial home since, 13^08.2017.

2. Respondent No.2/ Complainant is present before the Court with her counsel and is identified by the Investigating Officer. I have enquired from her whether the matters have been settled with the petitioners amicably without fear and pressure. She has stated that the matters have been settled without any fear or pressure and she is living in the matrimonial home since 13.08.2017. She further informs that she has no objection to the quashing of both the FIRs.

3. The petition is supported by the affidavit of the parties. Settlement deed dated 27.04.2017 signed by the parties before Delhi Mediation Centre, Karkardooma Courts, Delhi is on record.

4. Since the matter has been settled between the parties and the W.P. (Crt.) Nos.69/18 cfe 78/18 • Page 2 of[3] L complainant is residing with petitioner-Deepak Sharma in the matrimonial home and all the. disputes have been settled before Mediation Centre, no useful purpose will be served to continue with the proceedings. In the interest ofjustice and to enable the parties to maintain their matrimonial relations, FIR No. 256/2016 under Sections 354/341/323/506/34 IPC at Police Station Farsh Bazar and FIR No.459/2016 under Sections 498A/34 IPC and Section 4 Dowry Prohibition Act registered at PS Seelampur and all the proceedings arising therefrom are quashed.

5. The petitions are disposed of accordingly. -^.P.GARG, J. MARCH 06, 2018 W.p.(Crl.) Nos.69/18 &78/18 Page 3of[3]