Delhi High Court - Orders
Mr Sumit Sharma & Ors vs State Of Delhi & Anr on 5 April, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2291/2023
MR SUMIT SHARMA & ORS. ..... Petitioners
Through: Mr. Ujjwal Goel and Ms. Sakshi,
Advocates along with petitioners.
versus
STATE OF DELHI & ANR. ..... Respondents
Through: Mr. Naresh Kumar Chahar, APP for
State with IO.
Ms. Micky Kaushik, Advocate for R-
2 along with R-2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 05.04.2023 CRL.M.A. 8637/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 2291/20233. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C') has been filed by the petitioners seeking quashing of FIR bearing No. 0621/2022, registered at Police Station Rajpark, New Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom.
4. Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:06.04.2023 11:16:51 on behalf of the State.
5. All the petitioners are present before this Court and have been identified by their counsel Mr. Ujjwal Goel and Investigating Officer (IO), Police Station Rajpark, New Delhi.
6. The brief facts of the present case are that on 02.12.2014, the marriage between petitioner no. 1 and respondent no. 2 was solemnized according to Hindu Rites and Ceremonies. Two children were born out of the said wedlock. Due to temperaments differences, respondent no. 2 started living separately since 28.02.2021. On the complaint of respondent no. 2, the present FIR bearing No. 0621/2022 was registered at Police Station Rajpark, New Delhi for the offences punishable under Sections 498A/406/34 of IPC against the petitioners. On 20.01.2023, a Deed of Settlement duly notarized was executed between the parties to the present case wherein the both the parties decided to cohabit with each other as husband and wife and let go off all the differences between them mutually and whereas it was also agreed that they will not initiate any litigation or any claim in future. On 20.01.2023, petition under Section 13-B (1)(a) bearing no. HMA/1183/2022 and another complaint under Section 12 of Domestic Violence Act bearing CC NO. 9606/202 in the Family courts of Rohini, Delhi were withdrawn by respondent no. 2.
On the query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between them and they have been living together since January, 2023 along with their two children. Respondent no. 2 further stated that she has no Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:06.04.2023 11:16:51 objection if FIR may be quashed. The court wishes them the best.
7. In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
8. Accordingly, FIR bearing No. 0621/2022 registered at Police Station Rajpark, New Delhi for the offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.
9. The present petition stands disposed of.
10. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J APRIL 5, 2023/zp Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:06.04.2023 11:16:51