Allowed

Sh Tushar Sharma & Ors. v. State of NCT of Delhi & Anr.

Delhi HC24 Sept 2024CRL.M.C./7546/2024

Case brief

AI extract

What is this about?

The petitioners sought quashing of an FIR registered under sections 498A, 406, and 34 of the IPC based on a settlement. The Court held there was no use in continuing proceedings given the remote chances of conviction and the settlement payment. Consequently, the petitions were allowed and the FIR quashed.

What did the court decide?

The petition was allowed and FIR No. 140/2023 u/s 498A/406/34 IPC and proceedings thereon are quashed.

Sh Tushar Sharma & Ors. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7546/2024, CRL.M.A. 28816/2024 & CRL.M.A. 28817/2024

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SH TUSHAR SHARMA & ORS.

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.....Petitioners

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Through: Mr. V Madhukar, Mr. Rakesh Sharma, Mr. Cheena Choudhary , Ms. Sakshi, Mr, Bharat Sharma & Mr Neeraj Kumar, Advocates

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. D S Dagar, APP for State SI Gurcharan Singh, PS Timarpur Mr. Sourabh Aggarwal, Adv. for R-2

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R

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% 24.09.2024

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This petition has been filed seeking quashing of FIR No.140/2023, under Sections u/s 498A/406/34 IPC registered at P.S. Timarpur, on the basis of settlement arrived at between the parties dated 26^th March 2024, with the facilitation of Delhi Mediation Centre, Tis Hazari Courts, Delhi and which is on record.

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As per the settlement, outstanding balance of Rs. 4 lakhs is being paid today vide DD no. 494492 drawn on Bank of Maharashtra dated 10^th August 2024. The same has been handed over to respondent no.2, who has duly received and acknowledged the same in Court. She submits that she has no objection to quashing of the present FIR.

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Petitioner nos.1 to 7 and respondent no. 2 are present in Court and are duly identified by IO and their respective counsels.

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The marriage of petitioner no.1 and respondent no.2 resulted in a

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/10/2024 at 12:00:21

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divorce, by decree dated 6^th August 2024. No child was born out of wedlock.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.140/2023, under Sections u/s 498A/406/34 IPC registered at P.S. Timarpur, Delhi and proceedings emanating therefrom, are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 24, 2024/sm/na

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Sh Tushar Sharma & Ors. v. State of NCT of Delhi & Anr.

Case brief

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What did the court decide?

Sh Tushar Sharma & Ors. v. State of NCT of Delhi & Anr.

Case brief

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