Pankaj Sharma & Ors v. State & Anr

ORDER

09.11.2011 This petition under section 482 of Cr. P.C. has been filed by the petitioners for quashing of FIR No. 136/2010 registered under section 498-A/406/34 IPC at P.S. Badarpur and other proceeding arising there from. Petitioner No. 1 and respondent No. 2 are present in person. They have been identified by their respective counsel. Respondent No. 2 Jyoti Sharma is also identified by 10 of the case 51 Girraj Singh from P.S. Badarpur. They state that they have settled their matrimonial discord amicably vide memorandum of understanding C-1 dated

28.10.2010. The said memorandum of understanding is taken on Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. record. They state that they have divorced each other by mutual consent vide judgment and decree dated 18.07.2011. The couple have a daughter Neha out of the wedlock. She is in the custody and care of petitioner No. 1, who is her father and natural guardian. He will continue to have the custody of the child. However, respondent No. 2 shall have visiting rights as per the MOU. The complainant/respondent No. 2 states that after the divorce she is left with no claim or rights of any kind against the petitioners. In view of the above and in view of the fact that the FIR was a result of matrimonial discord, no useful purpose will be served by continuing with the FIR. Consequently, FIR No. 136/2010 registered under section 498-A/406/34 IPC at P.S. Badarpur and all other proceeding emanating therefrom are hereby quashed. The petition stands disposed of. NOVEMBER 09,2011 awanish () MEHTA,J - ;·!

$-2 * IN THE HIGH COURT OF DELHI AT NEW DEL .. n---- + CRL.M.C. 3137/2011 Ofo PANKAJ SHARMA & ORS Through ..... Petitioner Mr. V.P. Kaushik, Adv. with petitioner No. 1 in person. Versus STATE & ANR ..... Respondent Through Ms Fizani Husain, Addl. PP with 51 CORAM: Girraj Singh, P.S. Badarpur, Delhi. Ms. Monika, Adv. for R-2 Jyoti Sharma. HON'BLE MR. JUSTICE M.L. MEHTA