Arun Kumar & ORS. v. State, (Govt. Of NCT, Delhi) & ANR.
$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2409/2024 & CRL.M.A. 9234/2024 ARUN KUMAR & ORS.
..... Petitioners Through:
Mr. Praveen Kumar, Advocate with petitioners in person.
versus STATE, (GOVT. OF NCT, DELHI) & ANR ..... Respondents Through:
Mr. Pradeep Gahalot, APP for State with IO (presence not given).
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 22.03.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 726/2016 registered under Sections 498-A/406/34 IPC at P.S. Subhash Palace, 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 and 6 are the in-laws of the complainant. 3.
Mr. Pradeep Gahalot, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the only complainant/victim.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes vide settlement agreement dated 17.12.2019. In terms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 01.02.2022 passed by the Family Court, Central, North West District, Rohini Court, Delhi in HMA No. 1458/2021. It was agreed that a sum of Rs.4,25,000/- 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 settled amount of Rs.4,25,000/-, remaining balance amount of Rs.1,25,000/- is being paid today through a demand draft bearing number 169581 drawn on Central Bank of India.
5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O..
6.
Respondent No. 2, who is also present in Court and identified by the I.O. She 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.1,25,000/- 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 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.1.25 lac. 10.
With the above directions, the petition is disposed of alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
miscellaneous application.
MANOJ KUMAR OHRI, J MARCH 22, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.