Delhi High Court - Orders
Amit Sharma & Ors vs State (Govt. Of Nct Of Delhi) And Anr on 19 October, 2022
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5099/2022
AMIT SHARMA & ORS. ..... Petitioners
Through: Mr. Rambir Singh, Advocate along
with petitioners
versus
STATE (GOVT. OF NCT OF DELHI) AND ANR. ..... Respondents
Through: Mr. Satish Kumar, APP for State
alongwith SI Ramkesh, PS Tilak
Nagar.
Mr. Anmol Panwar, Advocate for
R-2.
Mr. Vinayak Thakur.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 19.10.2022
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner praying for quashing of FIR bearing no. 273/2019 registered at Police Station Tilak Nagar, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code.
2. Notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
3. Petitioners are present before this Court and have been identified by their counsel Mr. Rambir Singh and Investigating Officer (IO) SI Ramkesh from Police Station Tilak Nagar, Delhi.
Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:22.10.2022 12:12:534. In the present petition, the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 27.04.2009. Out of the wedlock, two children were born. Due to temperamental differences, the relationship between the petitioner no. 1 and respondent no. 2 deteriorated, pursuant to which, they started living separately since 30.10.2017. On 01.06.2019, the present FIR got registered on the complaint of respondent no. 2.
5. On a 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 the parties vide Memorandum of Understanding („MoU‟) dated 04.07.2021 entered into between them.
6. It is submitted that respondent no. 2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members.
7. Today, the complainant who is present in Court states that she has no objection if the FIR is quashed.
8. In view of the above fact that the parties have amicably resolved their differences out 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.
9. Accordingly, FIR bearing no. 273/2019 registered at Police Station Tilak Nagar, Delhi for offences punishable under Sections 498A/406/34 IPC Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:22.10.2022 12:12:53 and all consequential proceedings emanating therefrom are quashed.
10. The petition stands disposed of.
SWARANA KANTA SHARMA, J OCTOBER 19, 2022/zp Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:22.10.2022 12:12:53