Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: December 19, 2019
+ W.P.(CRL) 3153/2019
DEVENDER SHARMA ..... Petitioner
Through Mr. Vijay Khanna, Advocate
alongwith petitioners in person
versus
STATE & ANR ..... Respondents
Through Ms. Richa Kapoor, Additional
Standing Counsel for the State
with Ms. Charu Chaudhary and
Ms. Shivani Sharma, Advocates
alongwith SI Maninder Manna,
P.S.: Aman Vihar
Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Amended memo of parties has been given in the court today itself
and same is taken on record.
The petitioners have filed the present petition under Section 482 of
the Code of Criminal Procedure, 1973 for quashing of FIR No. 176/2016,
under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at
P.S.: Aman Vihar and the proceedings emanating therefrom.
The Investigating Officer, who is present in Court, has identified
the petitioners as well as respondent no.2.
W.P.(Crl.) 3153/2019 Page 1 of 2
The petitioners and respondent no.2 have submitted that they have
settled their disputes vide Memorandum of Understanding dated
04.05.2019. The parties have already obtained divorce by mutual
consent on 23.11.2019. The settlement amount was Rs. 4,25,000/-, out of
which Rs. 1,00,000/- has been paid to respondent no.2 at the time of
execution of MoU dated 04.05.2019, Rs. 1,00,000/- has been paid to
respondent no.2 at the time of first motion and Rs. 1,25,000/- has further
been paid to respondent no.2 at the time of second motion and a demand
draft of Rs. 1,00,000/- has been handed over to respondent no.2 today in
the court. Copy of the said demand draft has been placed on record.
Respondent no.2 reiterates the aforesaid facts and submits that they
have amicably settled their dispute without any pressure or coercion from
any source whatsoever. Respondent no.2 has further submitted that she
has no objection if the FIR is quashed and the petition is allowed.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping
the parties entangled in the criminal proceedings. Accordingly, in the
interest of justice, FIR No. 176/2016, under Sections 498A/406/34 of the
IPC, registered at P.S.: Aman Vihar and the proceedings emanating
therefrom are quashed.
Petition stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 19, 2019/ savita
W.P.(Crl.) 3153/2019 Page 2 of 2