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High Court of DelhiW.P.(CRL)/306/2024

Deepak Divakar & ORS. v. The State (National Capital Territory Of Delhi) & ANR.

2024-01-30Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~110 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 306/2024 DEEPAK DIVAKAR & ORS.

..... Petitioners Through:

Mr. Ankur Minocha and Mr. Gaurav Mahajan, Advocates with petitioners in person.

versus THE STATE (NATIONAL CAPITAL TERRITORY OF DELHI) & ANR.

..... Respondents Through:

Mr. Anand V Khatri, ASC for State with SI Raghubir Prasad, P.S.

Naraina.

Respondent No.2 in person with her father.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.01.2024 1.

The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0173/2019 registered under Sections 498-A/406/34 IPC at P.S. Naraina, 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 to 7 are in-laws of the complainant. 3.

Mr. Khatri, learned ASC for the State submits that in the present case The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners are the only accused persons and respondent No. 2 is the only complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes out of Court. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 21.05.2022 passed by the Family Court, Rohini, Delhi in HMA No. 812/22. In terms of the settlement, the petitioner No.1 has already paid entire settled amount of Rs.2,75,000/-, as full and final settlement, to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./SI Raghubir Prasad, P.S. Naraina. 6.

Respondent No. 2, who is also present in Court alongwith her father and identified by the I.O., states that she has settled her disputes with petitioner No.1 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. Respondent No.2 and her father have handed over their gate passes in acknowledgement of their presence, which are taken on record. 7.

Learned counsel for the petitioners 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.

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 JANUARY 30, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.