Amit Sharma & Ors. vs State & Anr.
2020 Latest Caselaw 353 Del

$~38
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of decision: January 20, 2020

+     W.P.(CRL) 2493/2019 and CRL.M.A. 35253/2019
      AMIT SHARMA & ORS.                                ..... Petitioner
                  Through:            Mr. Pravin Sharma, Ms.Kanika
                                      Sharma & Mr. Sameer Yadav,
                                      Advocates with petitioners in
                                      person.

                         Versus

      STATE & ANR.                                       ..... Respondent
                         Through:     Mr.R.S.Kundu, Additional Public
                                      Prosecutor for respondent/State
                                      with W/ASI Roshni Sharma
                                      Respondent No.2 in person.

      CORAM:
      HON'BLE MR. JUSTICE BRIJESH SETHI

                         JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 76/2018, under Sections 498A/406/377/34 IPC, registered at police station Nanakpura, New Delhi is sought in this petition on the ground that the matrimonial dispute inter se parties stand resolved in terms of mediated Settlement Agreement of 18th April, 2019 reached through CAW Cell, Malviya Nagar, New Delhi and that decree of divorce has already been granted by the Family Court, Dwarka, New

Delhi on 6th December, 2019.

Notice.

Mr.R.S.Kundu, learned Additional Public Prosecutor for respondent/State submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified by the Investigating Officer of this case.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of mediated Settlement Agreement of 18th April, 2019 and terms of settlement reached between the parties have been fully acted upon and that decree of divorce has already been granted by the Family Court, Rohini, New Delhi on 6th December, 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 Quashing of FIR No. 76/2018, under Sections 498A/406/377/34 IPC, registered at police station Nanakpura, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition alongwith pending application stands disposed of accordingly.

(BRIJESH SETHI) JUDGE JANUARY 20, 2020 r