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2023 Supreme(Del) 4660

SWARANA KANTA SHARMA
Sh. Chhatter Pal – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. P.K. Anand, Advocate, for the Petitioner. versus
Mr. Satish Kumar, APP, for the State with SI Tej Ram, P.S. Uttam Nagar.
Ms. Shanta Pandey, Mr. Hiren Dasan and Ms. Preeti Chauhan, Advocates, for R-2 with R-2.

JUDGMENT

Index to the Judgment

I. History and Facts of the case

II. Contentions of the Counsels

III. Mediated Settlement Agreement in question

IV. Analysis and Findings

V. Concern and Duty of the Court

    (a) Dispute Over Clause Which Resolved The Dispute: ReasonsVI. Conclusion

VII. Way Forward

Swarana Kanta Sharma, J.

1. By way of present petition filed under Section 482 of the Code of Criminal Procedure Code, 1973 (`Cr.P.C'), quashing of FIR bearing no. 519/2012, registered at Police Station Uttam Nagar, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (`IPC') has been sought qua the present petitioners.

I. HISTORY AND FACTS OF THE CASE

2. Brief facts of the present case are that the marriage between the complainant i.e. respondent no. 2 and co-accused Lalit was solemnized on 23.01.2011. It is stated that there was irretrievable breakdown of the marriage due to incompatible behaviour, conduct and temperament of the parties. Thereafter, on the complaint of respondent no. 2 alleging physical and mental cruelty for demand of dowry and beating by her husband and in-laws, the present FIR was registered against the husband as well as the petitioners i.e. broth

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