Shailaja Nandan Mohapatra & ORS. v. State Of NCT Of Delhi & ANR.

$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 793/2024 SHAILAJA NANDAN MOHAPATRA & ORS.

..... Petitioners Through:

Mr Rohit Bharadwaj and Mr Shiv Nath Sawhney, Advocates for petitioners.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.03.2024 CRL.M.A. 7397/2024 s(exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 793/2024 1.

The present petition has been filed under Article 226 of the Constitution of India on behalf of the petitioners seeking quashing of FIR No. 564/2022 registered under Sections 498-A/406/34 IPC at P.S. Dwarka, North, 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) and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner Nos. 2-5 are the in-laws of the complainant. 3.

Mr. Jha, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim.

4.

It is submitted that marriage between the parties has already been dissolved by an ex-parte decree of divorce in favour of respondent No.2 which has not been challenged by the petitioner No.1. It is further submitted that parties have settled their disputes vide Settlement Deed dated 05.09.2023. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs 12,50,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. Out of the said amount, remaining balance amount of Rs.4,00,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 020825 dated 04.03.2024 drawn on HDFC Bank, Gurgaon. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./SI Vijay Kumar, P.S. JaitPur.

6.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.4,00,000/- handed over to her today. 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 and undertaking made in Court today.

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

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 aforesaid demand draft of Rs.4 lacs. 10.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MARCH 7, 2024/MR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.