Bharat Narula & ORS. v. State Of NCT Of Delhi & ANR.

$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1898/2024 BHARAT NARULA & ORS.

..... Petitioners Through: Mr.Shakeel Ahmed, Advocate with petitioners in person versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Devender Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.03.2024 CRL.M.A. 7269/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 1898/2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.93/2021 registered under Sections 498A/406/34 IPC at P.S. Vikas 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 the petitioner No.1 (husband) whereas petitioner Nos.2 and 3 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. 4.

Learned counsel for the petitioners submits that the parties have settled their dispute on 21.11.2021 before Counselling Cell, Family Court, Karkardooma 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 28.03.2023 passed by the Family Court, East District, Karkardooma Courts, Delhi in HMA No.323/2023. It was further agreed that a sum of Rs.5,25,000/- 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.

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 been identified by 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.

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 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 payment of cumulative cost of Rs.15,000/- by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners to be deposited with the Delhi State Legal Services Authority within a period of four weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.

11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J MARCH 6, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.