Pradeep Sharma And Ors. vs State And Anr.
2010 Latest Caselaw 3081 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. 2045/2010 and CRL.M.C. 2009/2010

                                                 Decided on 02.07.2010
IN THE MATTER OF :

PRADEEP SHARMA AND ORS.                            ..... Petitioners
                  Through: Ms. Meenakshi, Advocate with
                  petitioners No.1 to 5 in person.

                   versus

STATE AND ANR.                                             ..... Respondents
                         Through: Mr.U.L. Watwani, APP for the State with
                         IO/ASI Ram Bhav, Police Station: Jahangir Puri.
                         Respondent No.2, Ms. Kalpana alongwith her mother
                         in person.

CORAM

* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may         No
        be allowed to see the Judgment?

     2. To be referred to the Reporter or not?        No

     3. Whether the judgment should be                No
        reported in the Digest?


HIMA KOHLI, J. (Oral)

1. Respondent No.2 is served and is present in Court. She is duly

identified by the IO/ASI Ram Bhav.

2. The present petitions have been filed by the petitioners under

Section 482 Cr.PC praying inter alia for quashing of FIR No.204/2009 lodged

by the respondent No.2, wife of petitioner No.1, registered under Sections

498A/406 IPC and FIR No.234/2008 registered under Section 316/34 IPC at

Police Station: Jahangirpuri. Quashing of the FIRs is sought by the

petitioners on the basis of a compromise arrived at between the parties

before the Mediation Centre, Rohini District Court, Delhi on 16.07.2009. In

accordance with the terms of the settlement arrived at between the parties,

as recorded before the Mediator, the petitioners are liable to pay a sum of

Rs.2 lacs to the respondent No.2, which amount has been duly received by

the respondent No.2, as confirmed by her in the Court. It is stated by the

parties that upon receipt of the aforesaid amount, nothing further is due and

payable by the petitioners to the respondent No.2 and that all other disputes

pending between the parties also stand settled. It is further stated that the

divorce between the parties by mutual consent has duly taken place in terms

of the order dated 12.04.2010, passed by the concerned court.

3. The respondent No.2 therefore states that she has no objection

to quashing of the aforesaid FIRs. Learned APP for the State also states that

in view of the settlement arrived at between the parties, he has no objection

to the quashing of the FIRs.

4. There appears no legal impediment in accepting the settlement

arrived at between the parties. Accordingly, the Settlement Agreement

dated 16.07.2009 is taken on the record. The parties shall remain bound by

the terms and conditions thereof. As the parties have arrived at an amicable

settlement, no useful purpose shall be served in proceeding further with the

FIRs. The same are accordingly quashed alongwith the pending proceedings

emanating therefrom.

5. The petitions are disposed of. Files be consigned to the record

room.

                                                           (HIMA KOHLI)
JULY    02, 2010                                             JUDGE
rkb