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Amit Sharma & Ors. vs State & Anr. on 20 January, 2020

$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: January 20, 2020

+ W.P.(CRL) 2493/2019 and CRL.M.A. 35253/2019
AMIT SHARMA ORS. ….. Petitioner
Through: Mr. Pravin Sharma, Ms.Kanika
Sharma Mr. Sameer Yadav,
Advocates with petitioners in
person.

Versus

STATE ANR. ….. Respondent
Through: Mr.R.S.Kundu, Additional Public
Prosecutor for respondent/State
with W/ASI Roshni Sharma
Respondent No.2 in person.

CORAM:
HON’BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 76/2018, under Sections 498A/406/377/34
IPC, registered at police station Nanakpura, New Delhi is sought in this
petition on the ground that the matrimonial dispute inter se parties stand
resolved in terms of mediated Settlement Agreement of 18th April, 2019
reached through CAW Cell, Malviya Nagar, New Delhi and that decree
of divorce has already been granted by the Family Court, Dwarka, New
W.P.(CRL) 2493/2019 1
Delhi on 6th December, 2019.

Notice.

Mr.R.S.Kundu, learned Additional Public Prosecutor for
respondent/State submits that petitioners as well as respondent No.2/
complainant of this FIR, are present in the Court and they have been duly
identified by the Investigating Officer of this case.

Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved in terms of mediated
Settlement Agreement of 18th April, 2019 and terms of settlement reached
between the parties have been fully acted upon and that decree of divorce
has already been granted by the Family Court, Rohini, New Delhi on 6th
December, 2019. Respondent No.2 submits that now no grievance against
petitioners survives and so, the proceedings arising out of the FIR in
question be brought to an end.

Since the matrimonial dispute stands amicably resolved between
the parties, this petition is allowed and Quashing of FIR No. 76/2018,
under Sections 498A/406/377/34 IPC, registered at police station
Nanakpura, New Delhi and the proceedings emanating therefrom are
quashed qua petitioners.

This petition alongwith pending application stands disposed of
accordingly.

(BRIJESH SETHI)
JUDGE
JANUARY 20, 2020
r

W.P.(CRL) 2493/2019 2

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