Nitin Sharma & Ors. vs State (Nct Of Delhi) & Anr.
2017 Latest Caselaw 3687 Del

$~26

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

+        W.P.(CRL) 1211/2017

         NITIN SHARMA & ORS                                   ..... Petitioners
                             Through: Mr. J.A. Chaudhary, Advocate with
                             Mr.M.K. Parvez, Advocate.


                             versus


         STATE (NCT OF DELHI) & ANR                           ..... Respondents
                             Through: Mr. Ashish Aggarwal, ASC for the State
                             with Mr.Piyush Singhal, Advocate along with SI
                             Kamlesh, PS Dabri, Delhi.
                             Respondent no. 2 in person.

         CORAM:
         HON'BLE MR. JUSTICE VINOD GOEL
                      ORDER

% 27.07.2017

1. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of the FIR bearing No. 136/2014, registered on 28.02.2014 with PS Dabri, Delhi, under Section 498A/406/34 IPC.

2. The marriage of the petitioner no. 1 and the respondent no. 2 was solemnized on 08.12.2008 as per Hindu rites and ceremonies in Delhi. Out of the said wedlock, two children were born.

3. The petitioner no. 2 and 3 are the parents of petitioner no. 1.

4. After solemnization of marriage, the petitioner no. 1 and the respondent no. 2 started residing at the matrimonial home. Due to some temperamental differences between the petitioner no. 1 and the respondent no. 2 they could not reconcile with each other. Resultantly, the respondent No.2 left the matrimonial home and started living with her parents.

5. The respondent no. 2 lodged a complaint with PS CAW Cell, Dwarka, Delhi on 21.12.2013, which culminated into FIR No. 136/2014 on 28.02.2014 under Section 498A/406/34 of IPC with PS Dabri, Delhi.

6. However, the parties amicably resolved all their disputes vide an Agreement/Compromise/Settlement deed 13.04.2017. As per the said agreement, the petitioner no. 1 and respondent no. 2 have decided to reside together.

7. The respondent no. 2 appears in person today and she has been duly identified by the IO. She submits that she has been residing peacefully and now there is no dispute with the petitioners. She further submits she does not want to pursue her FIR registered against the petitioners.

8. IO through the ASC submits that the charge-sheet has not been filed as the parties have amicably arrived at the settlement.

9. The matter has been amicably settled between the parties and no purpose would be served in further pursuing with the FIR bearing No. 136/2014, registered on 28.02.2014 with PS Dabri, Delhi, under Section 498A/406/34 IPC. Hence, to secure ends of justice, the FIR bearing No. 136/2014, registered on 28.02.2014 with PS Dabri, Delhi, under Section 498A/406/34 IPC and proceedings arising out of the

same are hereby quashed.

10. The petition is disposed of.

VINOD GOEL, J.

JULY 27, 2017 "sk"