Ashish Mohan Gupta And ORS v. Te State Of NCT Of Delhi And ANR
$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1072/2024 & CRL.M.A. 4258/2024 ASHISH MOHAN GUPTA AND ORS ..... Petitioners Through:
Mr. Chanderkant Shukla, Advocate with petitioners.
versus TE STATE OF NCT OF DELHI AND ANR ..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Rajesh PS Geeta Colony, Delhi.
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. on behalf of the petitioners seeking quashing of FIR No. 511/2020 registered under Sections 498-A/406/34 IPC at P.S. Geeta Colony, Shahdara, 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 and 3 are parents-in-law whereas petitioner Nos. 4 and 5 are brothers-in-law of the complainant.
3.
Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim.
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.
settled their disputes and entered into a settlement agreement dated 13.12.2022. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 29.03.2023 passed by the Family Court East District, Delhi in HMA No. 591/2023. It was agreed that a sum of Rs.6,90,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount of Rs.6,00,000/-, balance amount of Rs.90,000/- is being paid today through a demand draft drawn on Canara Bank, Pratapgarh. 5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Rajesh PS Geeta Colony, Delhi. 6.
Respondent No. 2, who is also present in Court 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 subject to encashment of the demand draft of Rs.90,000/- handed over to her today. 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, subject to encashment of aforesaid demand draft of Rs.90,000/-. 10.
With the above directions, the petition is disposed of alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
miscellaneous applications.
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.