Bhagat Singh & ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1757/2024 BHAGAT SINGH & ORS.

..... Petitioners Through: Mr.Parmil Kumar, Advocate with petitioners in person versus STATE GOVT. OF NCT OF DELHI AND ANR. ..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Harshvadhan Arya Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.03.2024 CRL.M.A. 6731/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 1757/2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.1025/2014 registered under Sections 498A/406/34 IPC at P.S. Farsh Bazar, 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. He, on instructions, submits that initially 8 accused were chargesheeted, however, the present petition has been filed on behalf of only 5 accused persons as the remaining 3 accused persons namely, Shri Teeka Ram, Smt. Kela Devi and Shri Kuldeep have expired. Death certificates of the same have come on record.

4.

Learned counsels for the parties submit that the parties have settled their dispute on 25.09.2019 vide Memorandum of Understanding/Compromise Deed. It is further stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 08.03.2022 passed by the Family Court, Karkardooma Courts, New Delhi in HMA No.280/2022. It was further agreed that a sum of Rs.3,00,000/- 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.

6.

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 the Court, has also been identified by the Investigating Officer. 7.

Respondent No.2 states that she has entered into the aforesaid Memorandum of Understanding/Compromise Deed with her own free will, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

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 MARCH 1, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.