Shashi Sharma & Ors vs State & Anr
2019 Latest Caselaw 4510 Del

$~56
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 20.09.2019

+      CRL.M.C. 4753/2019
       SHASHI SHARMA & ORS                              ..... Petitioners
                   Through:             Mr. Chetanya Kakar, Adv.

                          versus

       STATE & ANR                                        ..... Respondents
                          Through:      Mr. M.S. Oberoi, APP for State with
                                        ASI Yogesh Kumar, PS - Rajouri
                                        Garden, New Delhi

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.As. 36333-34/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of accordingly.

CRL.M.C. 4753/2019 and CRL.M.A. 36332/2019

3. Vide the present petition, the petitioners seek quashing of FIR No.

203/2017 dated 22.04.2017 registered at Police Station - Rajouri Garden,

New Delhi, instituted for the offences punishable under Sections

498A/406/34 of the IPC and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State and counsel for the

respondent no.2 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

6. On 23.01.2013, the respondent no.2 got married to Sh. Pranay Vats

(Late), who was the son of petitioner nos. 1 and 2, as per Hindu rites and

ceremonies.

7. The petitioners and respondent no.2 have entered into an amicable

settlement vide settlement agreement dated 27.03.2019 and settled all their

disputes amicably.

8. The total settlement amount is ₹7,50,000/-(Rupees Seven Lakhs Fifty

Thousand only). It is submitted that the respondent no. 2 has already

received an amount of ₹5 lakhs (Rupees Five Lakhs only). A demand draft

bearing No.768642 dated 19.07.2019 for the balance amount of ₹2,50,000/-

(Rupees Two Lakhs and Fifty Thousand only) is handed over to the

respondent no. 2 today in the Court.

9. The complainant/ respondent no. 2 is present in person in the Court

with her counsel and has been identified by ASI Yogesh Kumar of Police

Station - Rajouri Garden and submits that the matter has been settled and

she does not wish to prosecute the matter any further.

10. Taking into account the aforesaid facts, this Court is inclined to quash

the concerned FIR as no useful purpose would be served in prosecuting the

petitioners any further.

11. For the reasons afore-recorded, the FIR No. 203/2017 dated

22.04.2017 registered at Police Station - Rajouri Garden, New Delhi,

instituted for the offences punishable under Sections 498A/406/34 of the

IPC and consequent proceedings therefrom are quashed.

12. The petition is allowed accordingly. Pending application also stands

disposed of.

13. Order dasti, under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE

SEPTEMBER 20, 2019 PB