Delhi High Court
Abhishek Sharma & Ors vs The State & Anr on 30 November, 2015
#46
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30.11.2015
W.P.(CRL) 2740/2015
ABHISHEK SHARMA & ORS ..... Petitioners
Through: Mr. Anil Sharma, Advocate
versus
THE STATE & ANR ..... Respondents
Through: Mr. Ashish Aggarwal, ASC
(Criminal) for R-1
Mr. Mayank Sharma, Advocate for R-
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.17412/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 2740/2015
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
seeking quashing of FIR No.161/2015, under Sections 498A/406/34 IPC,
registered at Police Station- Geeta Colony, Delhi and the proceedings arising
therefrom.
2. The facts in brief are that on 23.10.2015 the petitioner No.1 married
respondent No.2 according to Hindu rites and ceremonies in Delhi. One
female child, namely, baby Sonakshi was born out of the said wedlock on
09.12.2013 who is in the care and custody of petitioner No.1 (husband) and
the respondent No.2 (wife). Due to ideological differences and
misunderstandings the respondent No.2 (wife) filed a complaint which has
fructified into the subject FIR. The petitioner No.1 (husband) and the
respondent No.2 (wife) were referred to the Mediation Centre, Karkardoma
Courts, Delhi, Delhi by the Sessions Court. With the aid and assistance of
the Mediation Centre, the parties have arrived at an amicable resolution of
their matrimonial dispute, inter alia, on the following terms and conditions:-
"1. It has been settled between the parties (i.e.
petitioner/wife and respondent/husband) that
they shall live together as husband and wife
along with their child namely Sonakshi in a
rented house in Delhi on or before
07.09.2015.
2. It is agreed between the parties that the
respondent/husband shall bear and maintain
the petitioner/wife and the child and also
responsible for the whole household
expenses like medical, rationing, education
etc.
3. It is agreed between the parties that the
petitioner/wife shall do the household work
and shall perform the matrimonial
obligations.
4. It has been settled between the parties that
both the parties shall try to harmonize their
relationship and respect feelings of each
other and shall not give any chance of
complaint to each other and shall also not
use any kind of abusive language/negative
remarks against each other.
5. It has been further agreed between the
parties that family members/relatives of both
the parties shall not interfere in the peaceful
matrimonial life the parties.
6. It has been agreed between the parties that
the petitioner/wife and the
respondent/husband shall withdraw their
respective cases from the court concerned,
within four months from today, on being
satisfactory living together of the parties.
7. It has been further agreed between the
parties that the respondent/husband shall
move appropriate petition before Hon'ble
High Court of Delhi for quashing of present
FIR No.161/15, U/s 498A/406/34 IPC, PS-
Geeta Colony after six months from joining
of the parties together, on being satisfaction
living together of the parties. Further, the
petitioner/wife shall cooperate to get the FIR
quashed before the Hon'ble High Court.
8. It is agreed between the parties that besides
the above said matter, no other case is
pending litigation between them. However,
in case any other case/litigation shall be
found pending between the parties, the same
shall be withdrawn by the respective parties
in the light of present settlement.
9. It has been settled between the parties that
this settlement is arrived at between the
parties voluntarily, without there being any
pressure, coercion or threat or undue
influence of any kind and they are signing
the same after understanding the contents of
the same in their vernacular language.
10. It is agreed between the parties that they
shall remain bound by the aforesaid terms of
settlement."
3. Petitioner No.1 Abhishek Sharma (husband) and respondent No.2
Dimple Bhatia alias Bhoomika Sharma (wife) who are present in person in
Court today and have been identified by their respective counsel. The
respondent No.2 (wife) states in view of the settlement dated 07.08.2015
arrived at between the parties she is living together with the petitioner No.1
(husband) since 08.11.2015 and is no longer keen to proceed with the subject
FIR and the proceedings arising therefrom.
4. In the circumstances, since no useful purpose will be served by
proceeding with the subject FIR on account of the parties having settled their
disputes finally, the subject FIR No.161/2015, under Sections 498A/406/34
IPC, registered at Police Station- Geeta Colony, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua all the petitioners.
5. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
NOVEMBER 30, 2015
dn
