Delhi High Court
Mahesh Kumar Sharma vs State & Anr on 12 February, 2016
Author: Siddharth Mridul
#24
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12.02.2016
W.P.(CRL) 457/2016
MAHESH KUMAR SHARMA ..... Petitioner
Through: Mr. D.K. Sharma, Advocate
versus
STATE & ANR ..... Respondents
Through: Mr. R.S. Kundu, Additional Standing
Counsel (Criminal) with Mr. Vishesh
Wadhwa, Advocate and ASI Hawa
Singh, PS- Nihal Vihar
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.2480/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 457/2016
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.0325/2015, under Sections 498A/406/34 IPC,
registered at Police Station- Nihal Vihar, Delhi and the proceedings arising
therefrom.
2. The facts in brief are that on 01.02.2013 Mahesh Kumar Sharma (the
petitioner herein) married Archana Sharma (respondent No.2) according to
Hindu rites and ceremonies in Delhi. One male child, namely, Ishan was
born out of the said wedlock on 27.02.2014, who is in the care and custody
of Archana Sharma. Owing to ideological and temperamental differences
the parties to the marriage have been living separately since 18.04.2016. On
a complaint filed by Archana Sharma against Mahesh Kumar Sharma, the
subject FIR was registered.
3. Eventually better sense prevailed and the parties decided to settle all
their matrimonial disputes with the assistance of respectable persons of the
society.
4. In a nutshell it has been agreed by and between the parties that
Mahesh Kumar Sharma shall pay a sum of Rs.4,50,000/- (Rupees Four Lacs
Fifty Thousand Only) to Archana Sharma as full and final settlement against
stridhan, dowry articles, present, past, future maintenance and permanent
alimony etc. In pursuance to the aforesaid settlement, a sum of Rs.3,00,000/-
has already been received by the Archana Sharma. The balance sum of
Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) has been brought to
the Court in the shape of a Demand Draft bearing No.050305 dated
05.02.2016 drawn on Punjab National Bank, Patparganj, Delhi. The same is
handed over to Archana Sharma in Court today who acknowledges receipt
theeof subject to its realization.
5. Archana Sharma, respondent No.2/complainant, who is present in
Court and has been duly identified by IO ASI Hawa Singh, Police Station-
Nihal Vihar, Delhi states that in view of the settlement arrived at between the
parties, she is no longer keen to proceed with the subject FIR and the
proceedings arising therefrom.
6. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved amicably by the
parties without any undue influence, pressure or coercion, no useful purpose
will be served by proceeding with the subject FIR and the proceedings
arising therefrom.
7. Consequently, FIR No.0325/2015, under Sections 498A/406/34 IPC,
registered at Police Station- Nihal Vihar, Delhi and the proceedings arising
therefrom are hereby set aside and quashed the petitioner subject to his
depositing a sum of Rs.10,000/- (Rupees Ten Thousand Only) with the Delhi
High Court Legal Services Committee within a period of two weeks from
today. The receipt of the said deposit shall be furnished to the concerned IO.
8. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 12, 2016
dn
