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High Court of DelhiCRL.M.C./1580/2024

Ashish And ORS v. State Of NCT Of Delhi And ANR.

2024-02-27Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1580/2024 ASHISH AND ORS ..... Petitioners Through: Mr.Dev Kumar Sharma and Mr.Shiv Kumar, Advocates with petitioners in person versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through: Mr. Laksh Khanna, APP for State with SI Tarun Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 27.02.2024 CRL.M.A. 6144/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 1580/2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.622/2022 registered under Sections 498A/406/34 IPC at P.S. Raj Park, 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 the petitioner No.1 (husband) whereas petitioner Nos.2 and 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 counsel for the petitioners submits that the parties have settled their dispute vide Mutual Agreement (M.O.U) dated 23.05.2023. It is further stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 11.08.2023 passed by the Family Court, Tis Hazari Court, Delhi in HMA No.2421/2023. It was further agreed that a sum of Rs.6,00,000/- would be paid as full and final settlement by petitioner No.1 to respondent No.2. Out of the settlement amount, the balance amount of Rs.2,00,000/- is being paid today vide demand draft bearing No.288208 dated 09.02.2024 drawn on Canara Bank, Uttam Nagar, Delhi. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners. 5.

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

Respondent No.2 states that she has entered into the aforesaid Mutual Agreement (M.O.U.) 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 encashment of the demand draft handed over today.

7.

Learned counsel for the petitioners submits that connected FIR being FIR No.1007/2022 registered under Sections 324/341/354/354B/509/506/34 IPC at P.S. Mangolpuri, Delhi has also been quashed vide CRL.M.C. 1585/2024.

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 demand draft handed over today. 10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J FEBRUARY 27, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.