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2023 Supreme(Del) 2558

DINESH KUMAR SHARMA
Amit Sharma – Appellant
Versus
State – Respondent


Advocates appeared:
Ms. Sunita Singh, Advocate, for the Petitioners.
Mr. Hemant Mehla, APP for the State with SI Sonu Kumar, PS Sultan Puri.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. P.C. seeking the quashing of FIR No. 397/2012 registered at PS Sultan Puri under Sections 498A/406/34 IPC.

2. Brief facts of the case are that the marriage between Petitioner no. 1 and Respondent no. 2 was solemnised on 16.02.2010 according to Hindu rites and ceremonies. No child was born out of this wedlock. In the petition, it has been stated that there was an irretrievable breakdown of the marriage due to incompatible behavior conduct and temperament. Accordingly, the parties started living separately since 13.07.2013. Thereafter, Respondent no. 2 gave a complaint to CAW Cell, on the basis of which the present FIR was registered against the petitioners. The charge sheet in the aforesaid case has already been filed.

3. Learned Counsel submits that during the pendency of the proceedings, the parties have resolved their disputes amicably and in furtherance thereof they have entered into a settlement agreement dated 25.02.2016 before the Delhi Mediation Centre, Rohini District Courts, Delhi. Pursuant to the settlement, the parties filed a mutual divorce petition and the decree of divo

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