Rajiv Kumar And Others v. The State NCT Of Delhi & ANR.

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1260/2024, CRL.M.A. 4993/2024 RAJIV KUMAR AND OTHERS ..... Petitioners Through:

Mr. Pankaj Kumar, Advocate with petitioners in person.

versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI Sunny Khatri, P.S. Vijay Vihar.

Ms. Dharini Windlass, Advocate for respondent No.2 alongwith respondent No. 2 and her husband.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 16.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 1036/2014 registered under Sections 498-A/406/34 IPC at P.S. Vijay Vihar, 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 and petitioner Nos. 2 to 4 are in-laws of the complainant.

3.

Ms. Arya, 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.

It is informed that another FIR No. 674/2015 registered under Sections 307/323/506/34 IPC at P.S. Pahar Ganj, Delhi on the complaint of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent No.2 against petitioner Nos. 1 and 2 has also been quashed vide today's order passed in CRL.M.C. 1277/2024.

5.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Rohini District Courts, New Delhi on 25.01.2019 in pursuance to which they have been granted divorce by mutual consent vide divorce decree dated 12.09.2019 passed by the Family Court, Central District, Tis Hazari Court, Delhi in HMA No. 1059/2019. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.10,00,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, strihan, alimony, etc. in respect of both the FIRs i.e. FIR No. 1036/2014 and FIR No. 674/2015. It is further submitted that out of the total settled amount, a sum of Rs.5,00,000/- has already been paid and remaining sum of Rs.

5,00,000/- is being paid today to the respondent No.2 through three demand drafts, photocopy whereof have been placed on record. Learned counsel further submitted that respondent No.2 has even re-married. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners.

6.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by the I.O./SI Sunny Khatri, P.S. Vijay Vihar.

7.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She also acknowledges receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners. 8.

Learned counsel for the petitioners submits except the aforementioned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

FIRs, 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 quashed.

11.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J FEBRUARY 16, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.