Varun.Harishbhai.Jamdar And ORS v. The.State Govt. Of NCT Of Delhi And ANR.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 393/2024 VARUN.HARISHBHAI.JAMDAR AND ORS.

..... Petitioners Through: Mr.Vaibhav Nijhawan, Advocate with petitioners in person versus THE.STATE GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through: Mr.Sanjay Lao, Standing Counsel for State with Mr.Abhinav Kumar, Advocate with SI Samsher Mr.Vikram Singh, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 03.04.2024 1.

By way of present petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioners seek quashing of FIR No.444/2023 registered under Sections 498A/406/34 IPC at P.S. Paschim Vihar East, 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 3 are the in-laws of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

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

Learned counsels for the parties submit that the parties have settled their dispute on 25.08.2023 vide Settlement arrived at before Counselling Cell, Family Courts, Tis Hazari, Delhi. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 18.12.2023 passed by Family Court, Tiz Hazari Courts, Delhi in HMA No.3696/2023. It is further submitted that out of the settlement amount, the balance amount of Rs.2,00,000/- is being paid today through a demand draft bearing No.000104 dated 27.02.2024 drawn on HDFC Bank. 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 settlement 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 the conditions that the allegations levelled against her are withdrawn and further subject to encashment of the aforesaid demand draft handed over to her today. Learned counsel for the petitioners, on instructions, withdraws the allegations levelled against respondent No.2. 7.

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

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

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 aforesaid demand draft. 10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J APRIL 3, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.