DELHI HIGH COURT
YOGESH SARAOGI & ORS. – Appellant
Versus
STATE (GOVT. OF NCT OF DELHI) AND ANR. – Respondent
CRL.M.C.-2312/2022
Crl.M.C.2312/2022 Page 1 of 6
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+
CRL.M.C. 2312/2022
YOGESH SARAOGI & ORS.
... Petitioners
Through:
Mr.Bikram Chand Sharma and
Mr. Raj Kumar, Advocates
along with petitioners.
versus
STATE (GOVT. OF NCT OF DELHI) AND
ANR.
…. Respondents
Through:
Mr.Panna Lal Sharma, APP for
State with ASI R.P.Singh, PS
Laxmi Nagar
Mr. Ashok Jain and Ms. Ishita
Singhal for Respondent No.2
with Complainant Isha Jain in
person
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
%
19.05.2022
CRL.M.A. 9779/2022 (exemption)
1. Exemption is allowed subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 2312/2022
3. The instant petition under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter “Cr.P.C.”) has been filed by the
petitioners praying for quashing of FIR bearing No. 34/2018 registered
at Police Station Shakarpur, Delhi for offences punishable under
Sections 406/498A/354B/506/313/34 of the Indian Penal Code, 1860
(hereinafter “IPC”).
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001971
Crl.M.C.2312/2022 Page 2 of 6
4. Notice. Mr. Panna Lal Sharma, learned APP accepts notice on
behalf of the State.
5. All the petitioners are present before this Court and have been
identified by their counsel Mr. Bikran Chand Sharma, and
Investigating Officer (IO) ASI R.P.Singh from Police Station Laxmi
Nagar.
6. On a query made by this Court, respondent no.2 who has been
identified by the IO, has categorically stated that she has entered into
compromise out of her own free will and without any pressure,
coercion or threat. It is also stated by respondent No.2 that the entire
dispute has been amicably settled between the parties.
7. The brief facts of the case are that the petitioner no.1 and
respondent no.2 got married to each other on 11.02.2006 at Delhi
according to Hindu rites and ceremonies.
8. That soon after the marriage, the parties residing separately since
10.02.2017, thereafter, the respondent No.2 filed a complaint which
was subsequently registered into FIR No. 34/2018 dated 17.01.2018
U/s 406/498A/354B/506/313/34 IPC, P.S. Shakarpur, Delhi. As per
order dated 23.07.2019 of this Court, parties have settled all disputes.
As per settlement, petitioner had agreed to pay a sum of Rs.
52,00,000/- to the respondent No.2 for grant of motion of divorce as
full and final settlement.
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001971
Crl.M.C.2312/2022 Page 3 of 6
9. The petitioner no. 1 had paid a sum of Rs. 39,00,000/- in three
installments in the following manner:
a. First installment of Rs. 13 Lakhs deposited with the Registrar
General, Delhi High Court and released to Respondent no. 2.
b. Second installment of Rs. 13 Lakhs paid to Respondent no. 2
in the first motion petition.
c. Third installment of Rs. 13 lakhs paid to Respondent no. 2 in
the second motion petition.
d. Fourth/Final installment to be paid to Respondent no. 2 at the
time of recording her statement for quashing of the FIR before
the Hon’ble High Court at New Delhi.
10. As per order passed by this Court on 23.7.2019, the parties have
settled all their grievances amicably, hence the respondent no.2 does
not want to continue the proceeding emanating from the FIR 34/2018
U/s 406/498A/354B/506/313/34 IPC, P.S. Shakarpur, Delhi against
the petitioners.
11. Today, the complainant is present in person who, states that she
has received the last and final instalment of Rs. 13 Lakhs today and
has no objection if the FIR is quashed by this Court. It is prayed that
the instant
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