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2023 Supreme(Del) 2698

DINESH KUMAR SHARMA
Prajol Biswal – Appellant
Versus
State NCT of Delhi Through Sho Ps Sarita Vihar – Respondent


Advocates appeared:
Mr. A.K. Dubey, Advocate with petitioners in person, for the Petitioner.
Mr. Digam Singh Dagar, APP, for the State with SI Brham Prakash, PS Sarita Vihar.
Mr. Vinod Kumar, Advocate, for Respondent No.2 with Respondent No.2.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A.3345/2023 (exemption)

Exemption allowed subject to all just exceptions.

CRL.M.C. 879/2023

1. This is a petition for quashing of FIR No.0360/2019 under Sections 498A/406/34 IPC registered at Police Station Sarita Vihar.

2. The facts of the case, in brief, are that the marriage between the parties took place on 29.04.2018. No child was born out of this wedlock. Thereafter, due to temperamental incompatibility disputes arose between the parties which resulted in the registration of the FIR. Learned counsel for the petitioners submits that with the intervention of well wishers and relatives, the matter has been amicably settled. The parties have also entered into a Settlement Agreement dated 01.12.2022. Learned counsel for the petitioner further submits that pursuant to the settlement agreement, a petition for divorce vide mutual consent was filed and the first motion has already been passed vide order dated 01.12.2022. He submits that the petition for the second motion is fixed today itself. It is the case of the petitioners, that since no grievance of whatsoever nature is left between the parties, it will be in the interest of justice tha

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