Mr.Vikram Sharma & Ors. vs State & Anr.
2019 Latest Caselaw 5179 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision: October 23, 2019

+      W.P.(CRL) 3012/2019 & Crl.M.A. 39104/2019
       MR. VIKRAM SHARMA & ORS.                     ..... Petitioners
                        Through        Mr. R.K. Kohli and Ms. Jyoti
                                       Kohli, Advocate alongwith
                                       petitioners in person
                        versus
       STATE & ANR.                                ..... Respondents
                        Through        Mr. Tanuj Bhadana, Advocate for
                                       Mr. Avi Singh, ASC for the State
                                       with SI Radha, P.S.: Delhi Cantt.
                                       Ms. Swati Chawla, Advocate for
                                       Respondent no.2 alognwith
                                       respondent no.2
CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                        JUDGMENT

BRIJESH SETHI, J (oral)

1. Quashing of FIR No. 0154/2018, under Sections 498A/406/34 IPC, registered at police station Delhi Cantt., Delhi is sought on the ground that the dispute between the parties stands amicably settled. Respondent no.2, who is present in the court today submits that he has settled the dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.

2. Notice.

3. Mr. Tanuj Bhadana, learned counsel for the respondent/State accepts notice and submits that the petitioners as well as respondent No.2/ complainant of this FIR, who are present in the court have been duly identified by the Investigating Officer of this case.

4. The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding dated 17.12.2018. The parties have already obtained divorce by mutual consent on 20.08.2019. The settlement amount was Rs. 9,50,000/-, out of which Rs. 2,50,000/- has been paid to respondent no.2 at the time of first motion and Rs. 2,50,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 4,50,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has already been placed on record.

5. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved. Respondent No.2 further submits that now no dispute with petitioners survives and therefore, the proceedings arising out of the FIR in question be brought to an end.

6. Since the dispute stands amicably resolved between the parties, the petition is allowed and FIR No. 0154/2018, under Sections 498A/406/34 IPC, registered at police station Delhi Cantt., Delhi and the proceedings emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of. The other pending application also stands disposed of.

(BRIJESH SETHI) JUDGE OCROBER 23 , 2019 savita