Nitin Sharma & Ors. vs State & Anr. on 5 February, 2016

Crl. M.A.No.2062/2016 (for exemption)
Exemptions allowed, subject to all just exceptions.
Accordingly, the application is allowed.
CRL.M.C. No.489/2016

1. By way of this petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioners seek quashing of FIR No.83/2013
registered at Police Station Kirti Nagar, Delhi, for the offences punishable
under Sections 498A/406/34 IPC and the consequential proceedings
emanating therefrom against them.
2. Learned counsel appearing on behalf of the petitioners submits that
the aforesaid case was registered on the complaint of respondent No.2,
namely, Ms. Anu Chawla, consequent upon certain matrimonial and
domestic disputes having arisen between the parties. The case is at the
initial stage of trial as cognizance has not yet been taken. Meanwhile, the
respondent No.2 and the petitioners have amicably settled their disputes
before Delhi Mediation Centre, Tis Hazari Courts, Delhi, vide
settlement/agreement dated 15.05.2015, for a total sum of Rs.5,40,000/-
(Five Lakhs Forty Thousand). As per the said settlement, two instalments
of Rs.2,00,000/- (Two Lakhs) each have been paid at the time of
recording of statements for first and second motion petitions for divorce
by mutual consent and the balance amount of Rs.1,40,000/- (One Lakhs
Forty Thousand) is paid today in the Court by way of Banker’s Cheque
bearing No.481576 dated 01.02.2016, which facts have not been disputed
by the respondent No.2.

Source: Indian Kanoon

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