Nandan Singh Bisht v. Govt Of NCT Of Delhi & ANR.
$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 223/2024 NANDAN SINGH BISHT ..... Petitioner Through:
Mr. Ojasvi Khaneja, Advocate with petitioner with petitioner in person.
versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Nitesh Mahiya PS Samaypur Badli, Delhi.
Mr. Chirag Malik, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 09.02.2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 339/2022 registered under Sections 498A/406/506/34 IPC at P.S. Samaypur Badli, 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 husband. 3.
Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case petitioner is the only accused and respondent No. 2 is the only complainant/victim.
4.
Learned counsel for the petitioner submits that the parties have settled their disputes vide compromise deed dated 16.12.2022. In terms of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 26.08.2023 passed by the Family Court, North Rohini Courts, Delhi in HMA No. 1700/2023. It was agreed that a sum of Rs.7,50,000/- as full and final settlement shall be paid by petitioner to respondent No. 2. It is further submitted that out of the settlement amount of Rs.7,50,000/-, the balance amount of Rs.1,50,000/- is being paid today through a demand draft number 329650 drawn on Union Bank, Paschim Vihar, Delhi. It is further submitted that the petitioner has filed an affidavit stating therein that rights of the minor child shall remain unaffected by the terms of the settlement.
5.
Petitioner and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./ SI Nitesh Mahiya PS Samaypur Badli, Delhi.
6.
Respondent No. 2 states that she has settled her disputes with petitioner of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.1,50,000/- handed over to her today. 7.
Learned counsel for the petitioner submits that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements and undertaking made in Court today.
9.
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 aforesaid demand draft of Rs.1.5 lac. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J FEBRUARY 9, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.