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High Court of DelhiCRL.M.C./1384/2024

Navin Chauhan & ORS. v. The State NCT Of Delhi And ANR.

2024-02-20Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1384/2024 NAVIN CHAUHAN & ORS.

..... Petitioners Through: Ms.Shaveta Mahajan and Mr.Mohit C., Advocates with petitioners in person versus THE STATE NCT OF DELHI AND ANR.

..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Manisha and SI Simarjeet Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 20.02.2024 CRL.M.A. 5480/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 1384/2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.207/2016 registered under Sections 498A/406/34 IPC at P.S. Greater Kailash, 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 5 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 counsel for the petitioners submits that the parties have settled their dispute on 24.03.2023 before Mediation Centre, Saket Courts, Delhi. It is further stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 03.11.2023 passed by the Family Court, Saket Court, Delhi in HMA No.3365/2023. It was further agreed that a sum of Rs.29,00,000/- would be paid as full and final settlement by petitioner No.1 to respondent No. 2. Out of the said settlement amount, the balance amount of Rs.9,00,000/- is being paid today vide demand draft bearing No.532466 dated 01.02.2024 drawn at State Bank of India (Rs.6,00,000/-) and demand draft bearing No.591359 dated 01.02.2024 drawn at IndusInd Bank, Noida (Rs.3,00,000/-). In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners. It is further stated that the custody of the children is with petitioner No.1.

5.

The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer. Respondent No.2, who is also present in Court, has been identified by the Investigating Officer. 6.

Respondent No.2 states that she has entered into the aforesaid Mediation 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.

7.

Learned counsel for the petitioners submits 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 drafts. 10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J FEBRUARY 20, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.