Saurav Sharma & ORS. v. State Of NCT Delhi & ANR.
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1478/2023 & CRL.M.A. 5640/2023 SAURAV SHARMA & ORS ..... Petitioners Through:
Mr. Chetan Kumar Pal, Advocate with petitioners in person.
versus STATE OF NCT DELHI & ANR ..... Respondents Through:
Mr. Naval Kishore Jha, APP for State with SI Nitesh Mahiya PS SP Badli, Delhi.
Respondent No.2 in person along with her father.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 25.01.2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.
1047/2015 registered under Sections 498A/406/354/354B/34 IPC at P.S. Samaypur Baldi, 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 4 are the in-laws of the complainant. 3.
Mr. Naval Kishore Jha, learned APP for the State submits that the 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 vide Settlement/Agreement dated 29.10.2021 arrived at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
before Delhi Mediation Centre, Rohini District Coruts, New Delhi. In terms of the settlement, the parties have already been granted divorce by mutual consent and in this regard, a copy of the divorce decree has been handed over. The same is taken on record. It was agreed that a sum of Rs.2,50,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2. It is further submitted that an amount of Rs.1,80,000/- has already been paid and the balance amount of Rs.70,000/- is being paid today vide demand draft bearing No. 769870 dated 20.01.2024 drawn on State Bank of India, Morena.
5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Nitesh Mahiya PS SP Badli, Delhi. Respondent No.2, who is also present in Court alongwith her father, is also identified by the I.O.
6.
Respondent No. 2 states that she has settled her disputes with the petitioners of her own free will, volition and without any coercion. She submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.70,000/- handed over to her today.
7.
Learned counsel for the petitioners submits that the petitioners undertake to take steps to ensure that the case/proceedings pending in Morena, Madhya Pradesh is withdrawn, if not done already. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
quashed, subject to encashment of aforesaid demand draft. 10.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J JANUARY 25, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.