Brij Mohan & ORS. v. State And ORS
$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1701/2024, CRL.M.A. 6535/2024 BRIJ MOHAN & ORS.
..... Petitioners Through:
Ms. Nishtha Sharma, Advocate with petitioners in person.
versus STATE AND ORS ..... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with SI Tilak Raj and W/SI Prisilla Lakra, P.S. Ranhola.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 29.02.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 766/2022 registered under Sections 498-A/406/34 IPC at P.S. Ranhola, 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 to 5 are in-laws of the complainant. 3.
Mr. Sabharwal, 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 settled their disputes before the Delhi Govt. Mediation & Conciliation Centre, Delhi Disputes Resolution Society (Regd.) on 05.07.2023. In terms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 06.10.2023 passed by the Family Court, Central, Rohini, Delhi in HMA No. 2698/2023. It was agreed that a sum of Rs.1,75,000/- 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, a sum of Rs.1,00,000/- has already been paid and remaining balance amount of Rs.75,000/- is being paid today through a demand draft, a photocopy of which has been placed on record.
5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./SI Prisilla Lakra, P.S. Ranhola. 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.75,000/- 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.75,000/-. 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 application.
MANOJ KUMAR OHRI, J FEBRUARY 29, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.