Prateek Jain & ORS. v. State NCT Of Delhi & ANR.

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 39/2024 & CRL.M.A. 343/2024 PRATEEK JAIN & ORS.

..... Petitioners Through:

Ms. Yashika Verma, Advocate for petitioners along with petitioners in person (M:9319119379).

versus STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav and Mr.

Priyam Aggarwal, Advocates with SI Sanjeet Dagar, PS Janakpuri, New Delhi.

Mr. Jagmeet Singh and Mr. Anish Sarna, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.01.2024 1.

The present petition has been filed under Article 226 of The Constitution of India read with Section 482 Cr.P.C. seeking quashing of FIR No. 512/2022 registered under Sections 498A/406/34 IPC at P.S. Janakpuri, New Delhi on the ground that the parties have amicably settled their disputes.

2.

The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No. 1 (husband) whereas petitioner Nos. 2 and 3 are the in-laws of the complainant. 3.

Mr. Sanjay Lao, Standing Counsel (Crl.) for the State, submits that in the present case the petitioners are the only accused persons and respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No. 2 is the complainant.

4.

Learned counsel for the petitioners submits that the parties have entered into a Memorandum of Understanding dated 05.01.2023. It is stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 31.10.2023 passed by the Principal Judge, Family Court, South West District, Dwarka Courts, New Delhi in HMA No. 3269/2023. As per the terms of settlement, it was agreed that a sum of Rs.19,50,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2, alongwith the articles mentioned in Annexure-A & Annexure-B of the MoU. It is informed that the terms have been complied with.

5.

Petitioner No. 1 who is present in the Court is identified by his counsel as well as by the I.O./SI Sanjeet Dagar, PS Janakpuri, New Delhi. 6.

Respondent No. 2, who is present in the Court is identified by the I.O./SI Sanjeet Dagar, PS Janakpuri, New Delhi, and states that she has entered into the aforesaid Memorandum of Understanding out of her own free will, volition and without any coercion. 7.

Respondent no.2 further states that she has no objection if the present FIR and consequent proceedings are quashed. In terms of the aforesaid Memorandum of Understanding, respondent No. 2 is now left with no claim whatsoever against the petitioners.

8.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

9.

The parties shall remain bound by the statements and undertaking made in Court today.

10.

In view of the above facts and since no useful purpose will be served The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

11.

With the above directions, the petition along with pending application is disposed of.

MANOJ KUMAR OHRI, J JANUARY 5, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.