Nitesh Sharma & Ors vs The State & Anr
2020 Latest Caselaw 354 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision: January 20, 2020

+     W.P.(CRL) 152/2020

      NITESH SHARMA & ORS.                             ..... Petitioners
                  Through:             Mr. Anurag Kasana & Mr. Pramod
                                       Kumar, Advocates with petitioners
                                       in person

                          Versus

      THE STATE & ANR.                                ..... Respondents
                    Through:           Mr.Tarang Srivastava, Additional
                                       Public Prosecutor for respondent
                                       No.1/State with ASI Pran Singh
                                       Mr. Pradeep Singh, Advocate with
                                       respondent No.2 in person.
      CORAM:
      HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 24/2019, under Sections 498A/406/34 IPC, registered at police station Janakpuri, New Delhi is sought in this petition on the basis of mediated settlement of 4th May, 2019 reached before Delhi Mediation Centre, Dwarka Courts, New Delhi and that decree of divorce has already been granted by the Family Court, Dwarka, New Delhi on 5 th December, 2019.

Notice.

Mr.Tarang Srivastava, 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 through Mediation Centre, 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.4,25,000/- by way of demand draft bearing No.505329, dated 4th January, 2020, drawn on ICICI Bank, Connaught Place, New Delhi from petitioners and that decree of divorce has already been granted by the Family Court on 5th December, 2019. Respondent No.2 submits that now no grievance against petitioners survives and therefore, 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. 24/2019, under Sections 498A/406/34 IPC, registered at police station Janakpuri, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition stands disposed of accordingly.

(BRIJESH SETHI) JUDGE JANUARY 20, 2020 r