Allowed

Amit Kumar Sharma & Anr. v. State (Nct of Delhi) & Anr.

Delhi HC11 May 2018W.P.(CRL)/1469/2018

Case brief

AI extract

What is this about?

Quashing plea filed under Art.226 read with S.482 Cr.P.C. regarding matrimonial F Ir. Court allowed petition noting amicable settlement, mutual consent divorce, and payment of settlement amount, quashing the F Ir. and proceedings in interest of justice.

What did the court decide?

FIR No.102/2016 under Sections 498A/406/34 IPC and all proceedings arising therefrom quashed.

Amit Kumar Sharma & Anr. Vs State (Nct of Delhi) & Anr. — Matrimonial and Divorce | Delhi HC (2018)

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$~46

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1469/2018

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AMIT KUMAR SHARMA & ANR.

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..... Petitioners

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Through: Mr.P.K.Bhardwaj, Advocate along with petitioners present in person.

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versus STATE (NCT OF DELHI) & ANR ..... Respondents Through : Ms.Kamna Vohra, ASC. Mr.Gajender Singh, Advocate for R-2 along with complainant/R-2 present in person. ASI Asmita, PS Najafgarh.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG

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O R D E R % 11.05.2018

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Crl.M.A.No.8924/2018

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Exemption allowed subject to all just exceptions.

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The application stands disposed of.

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W.P.(CRL) 1469/2018

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Present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.102/2016 under Sections 498A/406/34 IPC registered at Police Station Najaf Garh, Delhi. It is stated that the matter has been settled amicably with the complainant / respondent No.2 vide Settlement Agreement dated 08.06.2017.

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Complainant / respondent No.2 is present with counsel and has W.P.(CRL) 1469/2018 Page 1 of 2

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been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question. Divorce by mutual consent has already been granted. Pursuant to the settlement, a sum of 2 lacs by way of demand draft bearing No.041757 dated 09.04.2018 drawn on Punjab & Sind Bank in the name of the complainant and FDR for the sum of 4 lacs (bearing Account No.02911400007967, for the period from 18.04.2018 to 18.10.2018 issued by Punjab & Sind Bank) in the name of Navya (daughter of the parties) have been given to the complainant today the Court today.

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The petition is supported by affidavits of the parties. Settlement order dated 08.06.2017 before Principal Counselor between the parties is on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to settle in life after divorce, FIR No.102/2016 under Sections 498A/406/34 IPC registered at Police Station Najaf Garh, Delhi and all the proceedings arising therefrom are quashed.

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The petition stands disposed of accordingly.

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S.P.GARG, J.

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MAY 11, 2018/ sa

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W.P.(CRL) 1469/2018

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Amit Kumar Sharma & Anr. v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Amit Kumar Sharma & Anr. v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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