$-11# * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1077/2011 SURYAKANT SHARAIA & ORS Petitioner Through Mr. Suresh Chandra, Advocate versus STATE & ORS Respondent Through Mr. Arvind Ki\ Gupta, Advocate for the State with SI Sunil Kumar PS Uttam Nagar Mr. Shailender Sharma, Advocate for Respondent No.2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT ORDER % 11.07.2011 1. The FIR No. 546/2002 dated 29"^ July, 2002 was registered against the Petitioner and his family members under Section 498A/406/34 IPG at PS Uttam Nagar. Learned counsel for the State submits that the charge sheet has already been filed in the instant case, the charge has not yet been framed. 2. Respondent No. 2 Smt. Mamta Sharma who is present in the Court is identified by her counsel. CRL.M. C. 1077/2011 1 of3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 3. Ms. Mamta Sharma, Respondent No.2 produced a Voter Identify Card issued by the Election Commission of India wherein the name of the elector is mentioned as Poonam D/o Bhagirath. On asking the reason of the Identity Card having been issued in the different name, respondent No.2 stated that the marriage was solemnised in the name of Mamta Sharma, that is why the name Mamta Sharma is mentionedin the petition as also in the decree of divorce. The mother of the Respondent No.2 Smt. Savitri Devi W/o Bhagirath has also produced the electoral identity card issued by the Election Commission of India. A perusal of page 18 of this petition, the joint statement of Mr. Suryakant Sharma S/o Sh. Phool Chand Sharma and that of Smt. Mamta@ PoonamW/o SuryakantandD/o Bhagirath,makesthe things clear. 4. Respondent No.2 submits that she has no objection if the present FIR is cancelled. She has settled the matter with her husband and his relatives. Decree of divorce has also been granted under Section 13 B (II) of the Hindu MarriageAct, 1955 by mutualconsentvide orderdated6"^ October,2004. 5. Respondent No. 2 further submits that she has settled all the issues and no issue remains against the Petitioners. CRL.M. C. 1077/2011 2 of3 6. Since the matter has already been settled, in the interest of justice,I hereby quash FIR No. 546/2002 dated 29^^ July, 2002 registered under Sec.498A/406/34 at PS Uttam Nagar. The petition is allowed and disposed of accordingly. SURESH KAIT,J JULY 11, 2011 'raj' CRL.M.C. 1077/2011 3 of3