Gaurav Rajput & ORS. v. State Of N.C.T. Of Delhi & ANR.

$~114 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2493/2024, CRL.M.A. 9483/2024, CRL.M.A. 9484/2024 GAURAV RAJPUT & ORS.

..... Petitioners Through:

Mr. Manish Kumar and Mr. Rajesh Kumar, Advocates with petitioner in person.

versus STATE OF N.C.T. OF DELHI & ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Chetan, P.S. Swaroop Nagar.

Mr. Rohit Lochav, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.03.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seeks quashing of FIR No. 0239/2023 registered under Sections 498A/406/34 IPC at P.S. Swaroop Nagar, 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.

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.

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4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Settlement Agreement dated 03.07.2023. Learned counsel further submits that though in Clause 5 of the Settlement Agreement, it has been stated that respondent No.2 would not claim any right for herself or for the child however, petitioner No.1 undertakes that rights of their minor child shall remain unaffected by the terms of the settlement and in token of his undertaking, petitioner No.1 as well as his counsel has signed the order sheet.

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 Chetan, P.S. Swaroop Nagar. Both the petitioner No.1 and respondent No.2 undertake that they shall immediately undertake steps for the filing of the second motion of divorce by mutual consent. The undertaking given by the parties is accepted and taken on record.

6.

Respondent No. 2 states that she has settled her disputes with the petitioners of her own free will, volition and without any coercion. She further submits that she has no objection in case the FIR is quashed against the petitioners.

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.

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

10.

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

MANOJ KUMAR OHRI, J MARCH 28, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.