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Judgments of Supreme Court of India and High Courts

Nitesh Sharma & Ors vs The State & Anr on 20 January, 2020

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: January 20, 2020

+ W.P.(CRL) 152/2020

NITESH SHARMA ORS. ….. Petitioners
Through: Mr. Anurag Kasana Mr. Pramod
Kumar, Advocates with petitioners
in person

Versus

THE STATE ANR. ….. Respondents
Through: Mr.Tarang Srivastava, Additional
Public Prosecutor for respondent
No.1/State with ASI Pran Singh
Mr. Pradeep Singh, Advocate with
respondent No.2 in person.
CORAM:
HON’BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 24/2019, under Sections 498A/406/34 IPC,
registered at police station Janakpuri, New Delhi is sought in this petition
on the basis of mediated settlement of 4th May, 2019 reached before Delhi
Mediation Centre, Dwarka Courts, New Delhi and that decree of divorce
has already been granted by the Family Court, Dwarka, New Delhi on 5 th
December, 2019.

Notice.

Mr.Tarang Srivastava, 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 through Mediation
Centre, Dwarka Courts, New Delhi and terms of settlement reached
between the parties have been fully acted upon as today, she has received
the balance settled amount of Rs.4,25,000/- by way of demand draft
bearing No.505329, dated 4th January, 2020, drawn on ICICI Bank,
Connaught Place, New Delhi from petitioners and that decree of divorce
has already been granted by the Family Court on 5th December, 2019.
Respondent No.2 submits that now no grievance against petitioners
survives and therefore, 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. 24/2019,
under Sections 498A/406/34 IPC, registered at police station Janakpuri,
New Delhi and the proceedings emanating therefrom are quashed qua
petitioners.

This petition stands disposed of accordingly.

(BRIJESH SETHI)
JUDGE
JANUARY 20, 2020
r

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