LAWS(DLH)-2008-7-204

PANKAJ SHARMA Vs. STATE

Decided On July 23, 2008
PANKAJ SHARMA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE petitioners have sought quashing of FIR No. 317/2005 under Sections 342/323/498a/506 of IPC registered at Police Station Mandir Marg on the complaint of respondent No. 3.

(2.) THE learned counsel for the petitioners has contended that divorce proceedings were pending between the petitioner No. 1 and respondent No. 3 before the Additional District Judge where a settlement was arrived at between them pursuant to which they had decided to resolve all their differences and live together at E-139, Ashok Vihar, Phase I, Delhi, which is the matrimonial home. The petitioner No. 1 had also represented and ensured that he will look after the respondent No. 3 and minor son, Bhavya. The respondent No. 3 had also deposed that she will cooperate with the petitioner No. 1 for getting FIR No. 317/2005 under Sections 342/323/498a/506 of IPC registered at Police Station Mandir Marg quashed from the High Court.

(3.) THE petitioner No. 1 contends that pursuant to settlement arrived at between him and respondent No. 3, FIR No. 318/2005 registered at Police Station mandir Marg have already been quashed. Learned counsel for petitioners, therefore, contends that since the respondent No. 3 stated before the Additional district Judge in the divorce proceedings that the matter has been settled between her and petitioner No. 1, Dr. Pankaj Sharma, and she will cooperate for getting the FIR No. 317/2005 under Section 342/323/498a/506 of IPC quashed, the said FIR should be quashed.