Sh. Chetan Rana & ORS. v. State (Govt Of NCT) & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2251/2024 SH. CHETAN RANA & ORS.

..... Petitioner Through:

Ms. Barkha Chadha, Advocate versus STATE (GOVT OF NCT) & ANR.

..... Respondent Through:

Mr. Sanjeev Sabharwal, APP for the State alongwith ASI Jaipal, P.S. Neb Sarai.

Mr. C.S. Gurmani, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.04.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No. 329/2022 registered under Sections 498A/406/34 of IPC at P.S. Neb Sarai, 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 8 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. 4.

Learned counsels for the parties submit that the parties have settled their dispute on 27.01.2023 before Mediation Centre, Saket Courts, New Delhi. It is stated that in terms of the settlement, petitioner No.1 and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 27.09.2023 passed by Family Court- 01, Saket Courts, Delhi in HMA No.1713/2023. It is further submitted that out of the settlement amount, the balance amount of Rs.5,00,000/- is being paid today through a demand draft bearing No.373308 dated 02.03.2024 drawn on Bank of Baroda. 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. The petitioner no.1 who is present in court states that though in the settlement agreement it was stated that the rights of the minor child will remain unaffected, however, at the time of grant of first motion, a different statement was made. Today he reiterates that he will abide by the terms of this settlement wherein it was stated that the rights of the minor child shall remain unaffected. In acknowledgment of the same, he has also signed the order sheet which is also counter signed by his counsel. 6.

Respondent No.2 states that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She submits that she is satisfied with the amount given in the settlement. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft handed over to her 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.

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 the aforesaid demand draft of Rs.5,00,000/-.

10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J APRIL 23, 2024/K The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.