A. Ravi & ORS. v. State Of NCT Of Delhi & ANR.
$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1711/2024 A. RAVI & ORS.
..... Petitioners Through: Mr.Shaheed Ahmad and Ms.Shabnam, Advocates with petitioners in person versus STATE OF NCT OF DELHI & ANR.
..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with Insp. Deep Chand Mr.Hemant Kumar, Advocate for respondent No.2 with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 29.02.2024 CRL.M.A. 6557/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
CRL.M.C. 1711/2024 1.
By way of present petition filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of India, the petitioners seek quashing of FIR No.57/2021 registered under Sections 498A/406/34 IPC at P.S. Vasant 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 (husband) whereas petitioner Nos. 2 to 4 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. The Order is downloaded from the DHC Server on 06/03/2024 at 11:26:04
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 counsels for the parties submit that the parties have settled their dispute on 20.10.2022 before Family Court, Patiala House Courts, New 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 19.08.2023 passed by the Family Court, Patiala House Courts, New Delhi in HMA No.855/2023. It was further agreed that a sum of Rs.5,00,000/- 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.501989 dated 30.01.2024 drawn on ICICI Bank, R.K. Puram. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners 5.
Learned counsel for the petitioners submits that the affidavit in terms of the Supreme Court decision in Ganesh v. Sudhirkumar Shrivastava and Ors. reported as 2019 SCC OnLine SC 1107 thereby stating that the rights of the minor child shall remain unaffected by the terms of the settlement has been filed and the same has been handed over in Court today. The same is taken on record.
6.
The petitioners and respondent no.2, who are present in the Court have been identified by their respective counsels and the Investigating Officer.
7.
Respondent No.2 states that she has entered into the aforesaid Settlement Deed with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:26:05
proceedings are quashed subject to encashment of the demand draft handed over today.
8.
Learned counsels for the parties submit that no other proceedings are pending between the parties.
9.
The parties shall remain bound by the statements 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 subject to encashment of the demand draft handed over today. 11.
The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J FEBRUARY 29, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:26:05