Naresh Kumar & ORS. v. State (NCT Of Delhi) & ANR.

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 943/2024, CRL.M.A. 8978/2024 NARESH KUMAR & ORS.

..... Petitioners Through:

Mr. Malkhan Singh, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Rahul Tyagi, ASC with Ms. Priya Rai, Mr. Sangeet Sibou, Mr. Jatin and Mr.

Mathew Phillip, Advocates alongwith W/SI Km. Banti., P.S.

Vasant Vihar.

Mr. Amit Malik, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 21.03.2024 1.

The present proceedings are instituted under Article 226 of the Constitution of India read with Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0272/2021 registered under Sections 498A/406/34 IPC at P.S. Vasant Vihar, New 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 petitioner Nos. 2 to 4 are the in-laws of the complainant. 3.

Mr. Tyag, learned ASC for the State submits that in the present case The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 disputes vide Settlement Deed dated 02.12.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 07.03.2024 passed by the Family Court, Patiala House Court, New Delhi in HMA No. 214/2023. It was agreed between the parties that a sum of Rs.1,75,000/-, as full and final settlement, shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.1,00,000/- has already been paid and remaining Rs.75,000/- has been paid today by way of a demand draft, photocopy of which has been placed on record.

5.

Petitioners, who are present in Court, have been identified by their counsel as well as by IO/W/SI Km. Banti., P.S. Vasant Vihar. 6.

Respondent No. 2, who is also present in Court and identified by the IO, 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 demand draft of Rs.75,000/- 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.

9.

In view of the above facts and since no useful purpose will be served The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 fermented demand draft of Rs.75,000/-. 10.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J MARCH 21, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.