Delhi High Court - Orders
Somdutt Sharma And Ors vs The State (Nct Of Delhi) And Anr on 30 August, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1975/2022 & CRL.M.A. 17064/2022
SOMDUTT SHARMA AND ORS ..... Petitioner
Through: Petitioners in person with Mr.
Nagender Yadav & Mr. Sikandar
Khan, Advocates.
versus
THE STATE (NCT OF DELHI) AND ANR. ..... Respondent
Through: Mr. Anand V. Khatri, ASC for State
with Ms. Deepika Chaudhary,
Advocate along with SI Mahesh
Kumar, PS Pandav Nagar.
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 30.08.2022 CRL.M.A. 17064/2022 (Ex.) Exemption allowed subject to all just exceptions. The application stands disposed of.
W.P.(CRL) 1975/2022 The petitioners, vide the present petition seek the quashing of the FIR No.588/2021, Police Station Pandav Nagar under Sections 498A/406/34 of the Indian Penal Code, 1860 submitting to the effect that a settlement has since been arrived at between the petitioner no.1 and the respondent no.2 vide a settlement document dated 07.12.2021 and that the terms thereof are W.P.(CRL) 1975/2022 Page 1 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.08.2022 17:35:38 This file is digitally signed by PS to HMJ ANU MALHOTRA.
being adhered to by the parties to the petition and no useful purpose would be served by the continuation of the proceedings qua the FIR in question.
The Investigating Officer of the case is present and has identified the petitioner nos. 1 to 4 i.e. petitioner no.1 Dr. Somdutt Sharma, petitioner no.2 N.D. Sharma, petitioner no.3 Hem Lata Sharma and petitioner no.4 Neetu present in Court as being the four accused arrayed in the FIR No.588/2021, Police Station Pandav Nagar under Sections 498A/406/34 of the Indian Penal Code, 1860 and has also identified the respondent no.2 Dr. Neeraj Sharma present in Court as being the complainant thereof.
The respondent no.2 in her deposition on oath in replies to specific Court queries affirms having signed her affidavit dated 16.08.2022 as well as the memorandum of settlement dated 07.12.2021 between her and the petitioner no.1, qua which she states that she has signed both these documents voluntarily of her own accord without any duress, coercion or pressure from any quarter. She inter alia states in reply to a specific Court query that the civil suit bearing no.371/2021 filed by the petitioner no.1 against her in the KKD Courts, Delhi, the complaint filed by her bearing CC No.550/21 against the petitioner no.1 and the petitioner nos.2 & 3 (her in- laws) in the Court of the learned MM, Mahila Court, Karkardooma Court, Delhi under Section 12 of the DV Act, 2005 and the divorce petition i.e. HMA No.371/2021 filed by the petitioner no.1 against her in the Court of the learned Principal Judge, Family Court, Karkardooma Court, Delhi have all since been withdrawn. The respondent no.2 further states that she and the petitioner no.1 are living apart from the date 06.02.2021 and states that she undertakes to adhere to the terms of the settlement document dated W.P.(CRL) 1975/2022 Page 2 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.08.2022 17:35:38 This file is digitally signed by PS to HMJ ANU MALHOTRA.
07.12.2021 which she states she signed the same voluntarily of her own accord without any duress, coercion or pressure from any quarter.
The respondent no.2 further undertakes to adhere to Clause 3 of the settlement document dated 07.12.2021 which reads to the effect:-
"3. It is agreed between the parties that the wife will not claim 50% share in the properties purchased by them jointly and further she will not claim any maintenance and alimony from her husband."
subject to compliance of the terms of Clause 4 in the said settlement document which reads to the effect:-
"4. It is agreed between the parties that the husband will bear all the expenses (including education and other misc. expenses) towards both the children as per his financial status ,and the wife will not liable for any expenses towards both the children.", which relates to the bearing of the expenses of education and other miscellaneous expenses by the petitioner no.1 of the two children born of the wedlock between the petitioner no.1 and the respondent no.2 named Satwik and Sharon Sharma as per his financial status and that the respondent no.2 would not be liable qua the expenses of the children.
The petitioner no.1 in replies to specific Court queries has stated that he undertakes to adhere to Clause 4 of the settlement document dated 07.12.2021 reproduced hereinabove.
Inter alia, the respondent no.2 states that she has made her statement voluntarily of her own accord without any duress, coercion or pressure from any quarter after understanding its implications thereof.
On behalf of the State, the learned ASC for the State does not oppose W.P.(CRL) 1975/2022 Page 3 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.08.2022 17:35:38 This file is digitally signed by PS to HMJ ANU MALHOTRA.
the prayer made by the petitioners seeking the quashing of the FIR in question in view of the settlement arrived at between the parties to the petition.
Taking into account the deposition of the respondent no.2 who has been duly identified by the Investigating Officer and the factum that the FIR has apparently emanated from a matrimonial discord qua which resolution is stated to have been arrived at by the respondent no.2 as testified by her and there being no reason to disbelieve the statement made by the respondent no.2 that she has arrived at a settlement with the petitioners voluntarily of her own accord as per the settlement document dated 07.12.2021 and all other litigation between the petitioner no.1 and the respondent no.2 as reflected through the settlement document dated 07.12.2021 having since been withdrawn, with it having been stated by the petitioner no.1 and the respondent no.2 that they undertake to adhere to the terms of the settlement dated 07.12.2021, coupled with the deposition of the respondent no.2 in reply to a specific Court query that after the settlement document dated 07.12.2021, the term in Clause 4 of the settlement agreement has been adhered to by the petitioner no.1 qua the expenses of the two children born of the wedlock between the petitioner no.1 and the respondent no.2 and taking into account the factum that the respondent no.2 states that she has understood the implications of the statement, she being well educated having done her B.A.M.S. and practising as an Ayurvedic Doctor, for maintenance of peace and harmony between the parties as well as for the well being of the children born of the wedlock between the petitioner no.1 and the respondent no.2, it is considered appropriate to put a quietus to the litigation W.P.(CRL) 1975/2022 Page 4 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.08.2022 17:35:38 This file is digitally signed by PS to HMJ ANU MALHOTRA.
between the parties qua the FIR in question.
In view thereof, the FIR No.588/2021, Police Station Pandav Nagar under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom against the petitioner nos. 1 to 4 i.e. petitioner no.1 Dr. Somdutt Sharma, petitioner no.2 N.D. Sharma, petitioner no.3 Hem Lata Sharma and petitioner no.4 Neetu are thus quashed.
It is, however, made expressly clear that the quashing of the FIR in question and the settlement document dated 07.12.2021 between the parties to the petition shall not amount to any embargo on the minor children born of the wedlock between the petitioner no.1 and the respondent no.2 seeking their rights against the petitioners and the respondent no.2 for maintenance or otherwise in accordance with law in view of the verdict of the Hon'ble Supreme Court in Civil Appeal 4031-4032/2019 arising out of SLP (C) Nos.32868-32869/2018 titled as Ganesh Vs. Sudhirkumar Shrivastava & Ors. vide the verdict dated 22.04.2019 as adhered to and followed by this Court in Rakesh Jain & Ors. vs. State & Anr. in CRL.M.C. 2935/2019 dated 06.09.2019.
The petition is disposed of accordingly.
ANU MALHOTRA, J AUGUST 30, 2022 nc W.P.(CRL) 1975/2022 Page 5 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.08.2022 17:35:38 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI ITEM No.61 W.P.(CRL) 1975/2022 SOMDUTT SHARMA AND ORS versus THE STATE (NCT OF DELHI) AND ANR.
30.08.2022 CW-1 SI Mahesh Kumar, PS Pandav Nagar.
ON S.A. I am the Investigating Officer of FIR No.588/2021, Police Station Pandav Nagar under Sections 498A/406/34 of the Indian Penal Code, 1860.
There are four accused arrayed in the FIR. I identify the petitioner nos. 1 to 4 i.e. petitioner no.1 Dr. Somdutt Sharma, petitioner no.2 N.D. Sharma, petitioner no.3 Hem Lata Sharma and petitioner no.4 Neetu present today in Court as being the four accused arrayed in the aforesaid FIR and I also identify the respondent no.2 Dr. Neeraj Sharma present today in Court as being the complainant thereof.
RO & AC ANU MALHOTRA, J
30.08.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:31.08.2022
17:35:38
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI ITEM No.61 W.P.(CRL) 1975/2022 SOMDUTT SHARMA AND ORS versus THE STATE (NCT OF DELHI) AND ANR.
30.08.2022 CW-2 Dr. Neeraj Sharma, W/o Somdutt Sharma, aged 43 years, R/o 190 A- Pocket-C, Mayur Vihar, Phase-2, New Delhi-91 ON S.A. My affidavit dated 16.08.2022 and the memorandum of settlement dated 07.12.2021 between me and the petitioner no.1 bear my signatures thereon, which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter.
The civil suit bearing no.371/2021 filed by the petitioner no.1 against me in the KKD Courts, Delhi, the complaint filed by me bearing CC No.550/21 against the petitioner no.1 and the petitioner nos.2 & 3 in the Court of the learned MM, Mahila Court, Karkardooma Court, Delhi under Section 12 of the DV Act, 2005 and the divorce petition i.e. HMA No.371/2021 filed by the petitioner no.1 against me in the Court of the learned Principal Judge, Family Court, Karkardooma Court, Delhi have all since been withdrawn. The petitioner no.1 and I are living apart since 06.02.2021. There are two children born of the wedlock between me and the petitioner no.1 named Satwik and Sharon Sharma who are aged 19 years and 15 years respectively and they live with me.
I undertake to adhere to the terms of the settlement dated 07.12.2021 which I have signed voluntarily of my own accord, wherein, it has been Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.08.2022 17:35:38 This file is digitally signed by PS to HMJ ANU MALHOTRA.
stated to the effect that I would not claim 50% share in the properties purchased by them jointly and further she would not claim any maintenance and alimony from her husband i.e. the petitioner no.1 herein which I state is subject to the terms of Clause 4 in the settlement document dated 07.12.2021, which reads to the effect that the husband i.e. the petitioner no.1 herein would bear all the expenses (including education and other misc. expenses) towards both the children as per his financial status and that I would not be liable for any expenses towards both the children.
Pursuant to the settlement document dated 07.12.2021, the petitioner no.1 has been bearing the expenses of the children born of the wedlock between me and the petitioner no.1 and in view thereof, I do not oppose the prayer made by the petitioner nos. 1 to 4 i.e. petitioner no.1 Dr. Somdutt Sharma, petitioner no.2 N.D. Sharma, petitioner no.3 Hem Lata Sharma and petitioner no.4 Neetu seeking the quashing of the FIR No.588/2021, Police Station Pandav Nagar under Sections 498A/406/34 of the Indian Penal Code, 1860 nor do I want them to be punished in relation thereto.
I have done my B.A.M.S. and I am practising as an Ayurvedic doctor. I have made my statement after understanding its implications thereof voluntarily of my own accord without any duress, coercions or pressure from any quarter and I do not need to think again.
RO & AC ANU MALHOTRA, J
30.08.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:31.08.2022
17:35:38
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI ITEM No.61 W.P.(CRL) 1975/2022 SOMDUTT SHARMA AND ORS versus THE STATE (NCT OF DELHI) AND ANR.
30.08.2022 CW-3 Dr. Somdutt Sharma, S/o Sh. N D Sharma, aged 45 years, R/O- H.NO-10/86-87, Khichripur,New Delhi-91 ON S.A. The memorandum of settlement dated 07.12.2021 between me and the respondent no.2 bears my signatures thereon, which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter. I undertake to abide by the terms of the settlement document dated 07.12.2021 inclusive of Clause (4) of the said agreement which reads to the effect:-
"...
4. It is agreed between the parties that the husband will bear all the expenses (including education and other misc. expenses) towards both the children as per his financial status, and the wife will not liable for any expenses towards both the children. ......"
I have made my statement after understanding its implications thereof voluntarily of my own accord without any duress, coercions or pressure from any quarter and I do not need to think again.
RO & AC ANU MALHOTRA, J
30.08.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:31.08.2022
17:35:38
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.