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High Court of DelhiCRL.M.C./665/2024

Mohit Dutta & ORS. v. State NCT Of Delhi & ANR.

2024-02-27Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 665/2024 MOHIT DUTTA & ORS.

..... Petitioners Through: Mr.Rahul Bansal and Ms. Surbhi Rai, Advocates with petitioners in person versus STATE NCT OF DELHI & ANR.

..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI C.P. Yadav and WSI Sushma Mr.Akash Kr. Singh and Mr.Omkar Kushwaha, Advocates with respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 27.02.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.524/2020 registered under Sections 498A/406/34 IPC at P.S. Bharat Nagar, 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 the petitioner No.1 (husband) whereas petitioner Nos.2 to 7 are the in-laws of the complainant. 3.

Learned APP for the State submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim. It is further submitted that the chargesheet has been filed against the petitioners. 4.

Learned counsels for the parties submit that the parties have settled their dispute vide Memorandum of Settlement Cum Agreement dated 24.07.2023. It is further stated that petitioner No.1 and respondent No.2 have already been divorced. It was further agreed that a sum of Rs.5,00,000/- would be paid as full and final The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:25:17

settlement by petitioner No.1 to respondent No.2. Out of the settlement amount, the balance amount of Rs.3,00,000/- is being paid today vide demand draft bearing No.224157 dated 29.01.2024 drawn on Union Bank, Pitampura, Delhi. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners. 5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6.

Respondent No.2 states that she has entered into the aforesaid Memorandum of Settlement Cum Agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the demand draft handed over today. 7.

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

8.

The parties shall remain bound by the statements 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 the demand draft handed over today. 10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J FEBRUARY 27, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:25:17