Lalit Kumar And ORS v. State NCT Of Delhi And ANR.

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 190/2024 LALIT KUMAR AND ORS ..... Petitioners Through: Dr. Vimal Verma and Mr. M.C. Sharma, Advocates versus STATE NCT OF DELHI AND ANR.

..... Respondents Through: Mr. Naval Kishore Jha, APP for State with SI Vinay Mr. Ranbir Singh, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.01.2024 CRL.M.A. 757/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 190/2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.240/2017 registered under Sections 498A/406/34 IPC at P.S. Shakarpur (East District), 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 to 4 are the relatives.

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3.

Learned APP for the State submits that the present petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. 4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Settlement Deed dated 24.07.2023 in the Court of learned Principal Judge, Family Court, Patiala House Courts, New Delhi. It is stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 12.12.2023 passed by the Family Court, Patiala House Courts, New Delhi in HMA No. 1204/2023. As per the terms of the settlement, it was agreed that a sum of Rs.33,00,000/- would be paid as full and final settlement by petitioner No.1 to respondent No. 2 and a sum of Rs.16,00,000/- has already been paid to respondent No. 2. A demand draft of the remaining amount i.e., Rs.17,00,000/-, bearing No.688458 dated 05.01.2024 drawn at State Bank of India, Vasant Vihar, Delhi has been handed over to respondent No.2 in the court.

5.

Furthermore, as per the terms of the divorce decree, it has been further agreed between the parties that the rights of the minor child as available under the law shall remain unaffected. Petitioner No.1, who is present in Court, reiterates the same.

6.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer. Respondent No.2 further acknowledges the receipt of the settlement amount. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the present petitioners. 7.

Respondent No. 2 also states that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

further states that she has no objection if the present FIR and consequent proceedings are quashed.

8.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

9.

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

10.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed subject to encashment of the aforesaid Demand Draft. 11.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J JANUARY 9, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.