Abhishek Srivastava And ORS v. State Of NCT Of Delhi And ANR
$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1860/2024 ABHISHEK SRIVASTAVA AND ORS ..... Petitioners Through: Mr.Priyanshu Upadhyay, Mr.Viraat Tripathi and Mr.Govind, Advocates with petitioners in person versus STATE OF NCT OF DELHI AND ANR ..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with ASI Harswaroop Mr.Dinesh Masant, Advocate for respondent No.2 with respondent No.2 in in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 05.03.2024 1.
By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.364/2018 registered under Sections 498A/406/34 IPC at P.S. Burari, 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 to 4 are the in-laws of the complainant. 3.
Learned APP for the State submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsels for the parties submit that the parties have settled their dispute on 17.10.2023 before learned MM (Mahila Court), Central Delhi. It is further stated that petitioner No.1 and respondent No.2 have already been granted divorce. It was further agreed that a sum of Rs.7,00,000/- 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.2,50,000/- is being paid today vide demand draft bearing No.997065 dated 04.03.2024 drawn on Canara Bank, Nirman Vihar. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.
5.
The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.
6.
Respondent No.2 states that she has entered into the aforesaid settlement 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 counsels for the parties submit that no other proceedings are pending between the parties.
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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J MARCH 5, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.