CRL.M.C./1062/2018 of AMIT SHARMA & ANR Vs STATE & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 1062/2018

AMIT SHARMA & ANR

..... Petitioners

Through:Mr. Ujas Kumar, Mr. Amit Sharmaand Mrs. Nirmal Sharma, Advs.

versus

STATE & ANR

..... Respondents

Through:Mr. Arun Kr. Sharma, Addl. PP forthe State with SI Ashok KumarMr. Dhruv Grover, Adv. for R-2the State with SI Ashok KumarMr. Dhruv Grover, Adv. for R-2

CORAM:HON'BLE MR. JUSTICE SANJEEV SACHDEVAO R R%28.02.2018

Crl. M.A. 3835/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 1062/2018

1.The petitioners seek quashing of FIR No. 350 of 2011 underSections 498A/406/34 of the IPC Police Station Hazart Nizamuddin,New Delhi, based on settlement. It is contended that the FIR waslodged consequent to matrimonial discord.

2.Learned counsels for the parties submit that the parties havesettled their disputes and have amicably dissolved their marriage bymutual consent and decree of divorce dated 06.02.2018 has beenpassed. In terms of the settlement dated 17.07.2017, respondent no. 2

has already withdrawn the complaint filed under the provisions ofDomestic Violence Act, 2005 on 01.09.2017.

3.A total sum of Rs. 10 lakhs has been agreed to be paid torespondent no. 2. sum of Rs. 8 lakhs has already been paid and thebalance sum of Rs. 2 lakhs has been paid to respondent no. 2 by wayof Demand Draft No. 774125 dated 26.02.2018 issued by KotakMahindra Bank today in the Court. The petitioner has also paid themaintenance amount of Rs. 10,000/- per month, from August 2017 tillJanuary 2018.

4.Respondent no. 2 is present in court in person, represented byher counsel and is identified by the Investigating Officer. She submitsthat she has settled the dispute with the petitioners and is agreeable tothe settlement and does not wish to press the criminal charges againstthe petitioners any further. It is further submitted on behalf of theparties that parties had entered into the settlement on 17.07.2017before the Delhi High Court Mediation & Conciliation Centre, NewDelhi.

5.In view of the fact that the disputes between the petitioners andrespondent no. 2 emanate out of matrimonial discord and have beensettled, continuation of criminal proceedings will be an exercise infutility and justice in the case demands that the dispute between theparties is put to an end and peace is restored; securing the ends ofjustice being the ultimate guiding factor. It would be expedient toquash the subject FIR and the consequent proceedings emanating

therefrom.

6.In view of the above, the petition is allowed. FIR No. 350 of2011 under Sections 498A/406/34 of the IPC Police Station HazartNizamuddin, New Delhi and the consequent proceedings therefromare, accordingly quashed.

7.Order Dasti under signatures of the Court Master.

FEBRUARY 28, 2018

SANJEEV SACHDEVA, J