Devender Singh & ANR. v. The State (NCT Of Delhi) Through Sho Ps Sultanpuri & ANR.
$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1712/2024 DEVENDER SINGH & ANR.
..... Petitioners Through: Mr.Krishan Kumar, Advocate with petitioners in person versus THE STATE (NCT OF DELHI) THROUGH SHO PS SULTANPURI & ANR.
..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Sonu Kumar Ms.Upasana Trivedi, 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. 6559/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
CRL.M.C. 1712/2024 1.
By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.442/2016 registered under Sections 498A/406/34 IPC at P.S. Sultan Puri, 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 No.2 is the mother-in-law 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 counsels for the parties submit that the parties have settled their dispute on 26.11.2022 before Delhi Mediation Centre, Rohini District 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 26.07.2023 passed by the Family Court, Rohini, New Delhi in HMA No.1919/2023. It was further agreed that a sum of Rs.3,50,000/- would be paid as full and final settlement by petitioner No.1 to respondent No.2. 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/Agreement 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.
8.
Learned counsels for the parties submit 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.
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.
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.