Deepak Sharma & Ors. vs State & Anr.
2020 Latest Caselaw 842 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: February 07, 2020

+     W.P.(CRL) 385/2020 & Crl.M.A. 2863/2020
      DEEPAK SHARMA & ORS.                   ..... Petitioners
                  Through: Mr. Vinay Kumar Sharma &
                           Mr.Prince Sharma, Advocates

                         Versus

      STATE & ANR.                                     ..... Respondents
                         Through:       Mr. Tarang Srivastava, Additional
                                        Public Prosecutor for State with SI
                                        Shukla
                                        Respondent No.2 in person.

      CORAM:
      HON'BLE MR. JUSTICE BRIJESH SETHI

                         JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 388/2018, under Sections 498A/34 IPC, registered at police station Saket, New Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably resolved through Counselling Cell, Dwarka Courts, New Delhi in terms of Settlement Agreement of 4th June, 2019 and that decree of divorce has been granted on 19th September, 2019.

Notice.

Mr. Tarang Srivastava, learned Addl. Standing Counsel for the respondent/State accepts notice and submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified on the basis of identity proof furnished by them.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Counselling Cell, Dwarka Courts, New Delhi and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.1,00,000/- by way of demand draft bearing No.765183, dated 7th February, 2020, drawn on UCO Bank, Branch Delhi High Court, New Delhi from petitioners and that decree of divorce has been granted on 19th September, 2019. Respondent No.2 submits that now no grievance against petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.

Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and FIR No. 388/2018, under Sections 498A/34 IPC, registered at police station Saket, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition and application stand disposed of accordingly.

(BRIJESH SETHI) JUDGE FEBRUARY 07, 2020 r