Vishal Sharma & ORS. v. State NCT Of Delhi & ANR.
$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 289/2024 VISHAL SHARMA & ORS ..... Petitioners Through:
Mr. Saurav Singh, Mr. Payal Bahl and Mr. Gaurav Singh, Advocates with petitioners in person.
versus STATE NCT OF DELHI & ANR ..... Respondents Through:
Mr. Sanjay Lao, ASC (Crl.) for State with SI Omkant Yadav PS Hauz Qazi, New Delhi.
Mr. Kapil Sharma and Ms. Mahek Agarwal, Advocates for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 25.01.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 168/2019 registered under Sections 498-A/406/34 IPC at P.S. Hauz Qazi, 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) and petitioner Nos. 2-8 are the relatives of petitioner No.1. 3.
Mr. Sanjay Lao, ASC (Crl.) for State submits that in the present case the petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. He submits that charges have been framed. 4.
Learned counsel for the petitioners submits that the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
entered into a Memorandum of Understanding dated 27.07.2023 (Annexure P-4). In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 09.12.2023 passed by the Family Court, Central District Tis Hazari Courts, Delhi in HMA No. 1758/2023. It was agreed that a sum of Rs.6,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. The said amount of Rs.6 lacs has been paid today to the complainant by way of demand draft. 5.
The petitioners are present in person and are identified by their counsel as well as by the I.O./ SI Omkant Yadav PS Hauz Qazi, New Delhi. 6.
Respondent No. 2, who is present in person is identified by the I.O./ SI Omkant Yadav PS Hauz Qazi, New Delhi, states that she has entered into the aforesaid Memorandum of Understanding with her own free will, volition and without any coercion and that she has received all payments 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. Affidavit of Respondent No.2 has been placed on record.
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 in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
quashed.
11.
With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J JANUARY 25, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.