Devender Sharma vs State & Anr
2019 Latest Caselaw 6680 Del

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                         Date of decision: December 19, 2019
+    W.P.(CRL) 3153/2019
       DEVENDER SHARMA                              ..... Petitioner
                          Through      Mr. Vijay Khanna, Advocate
                                       alongwith petitioners in person
                          versus
       STATE & ANR                                  ..... Respondents
                          Through      Ms. Richa Kapoor, Additional
                                       Standing Counsel for the State
                                       with Ms. Charu Chaudhary and
                                       Ms. Shivani Sharma, Advocates
                                       alongwith SI Maninder Manna,
                                       P.S.: Aman Vihar

                                       Respondent no.2 in person

CORAM:

       HON'BLE MR. JUSTICE BRIJESH SETHI
                          JUDGMENT

BRIJESH SETHI, J (oral) Amended memo of parties has been given in the court today itself and same is taken on record.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 176/2016, under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at P.S.: Aman Vihar and the proceedings emanating therefrom.

The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.

The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding dated 04.05.2019. The parties have already obtained divorce by mutual consent on 23.11.2019. The settlement amount was Rs. 4,25,000/-, out of which Rs. 1,00,000/- has been paid to respondent no.2 at the time of execution of MoU dated 04.05.2019, Rs. 1,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 1,25,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 1,00,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has been placed on record.

Respondent no.2 reiterates the aforesaid facts and submits that they have amicably settled their dispute without any pressure or coercion from any source whatsoever. Respondent no.2 has further submitted that she has no objection if the FIR is quashed and the petition is allowed.

In view of the above settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 176/2016, under Sections 498A/406/34 of the IPC, registered at P.S.: Aman Vihar and the proceedings emanating therefrom are quashed.

Petition stands disposed of accordingly.

(BRIJESH SETHI) JUDGE DECEMBER 19, 2019/savita