Rajeev @ Rajeev Kumar & ORS. v. State & ANR.

$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3172/2023, CRL.M.A. 11889/2023&& 12827/2023 RAJEEV @ RAJEEV KUMAR & ORS.

..... Petitioners Through:

Mr. Pankaj Kumar Karan, Advocate.

Petitioner no. 1 in person with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Sandeep Yadav, PS Palam Village.

Ms.

Hemlata, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 20.05.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.13/2018 registered under Sections 498A/406/506/509/323/34 IPC at P.S. Palam Village, 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 6 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 counsel for the petitioners submits that the parties have settled their disputes on 27.10.2022 before Mediation Centre, Dwarka The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Courts, Delhi. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 25.02.2023 passed by Principal Judge, Family Court, South West District, Dwarka Courts, Delhi in HMA No. 148/2023. In terms of the settlement, respondent No. 2 is now left with no claim or grievance whatsoever against the petitioners.

5.

The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer.

6.

Respondent No.2, who has joined the proceedings through V.C., has also been identified by the Investigating Officer. She states that her documents are still lying with the petitioner, and at the same time, an NCR for missing documents has also been lodged.

7.

It is noted that the matter has been repeatedly adjourned due to this reason and that the petitioners have maintained that they do not any documents of respondent No.2.

8.

Learned counsel for the petitioners has also drawn attention to the settlement and order sheets passed in allied proceedings wherein no such request qua the documents has been made. Entire settlement amount has already received by respondent No.2.

9.

At this stage, respondent No. 2 states that she has entered into the aforesaid mediation settlement/agreement with her own free will, volition and without any coercion.

10.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

11.

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.

12.

Considering that the entire settlement amount stands paid and that petitioner No.1 and respondent No.2 have already been granted divorce 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. 13.

The petition is disposed of in the above terms alongwith miscellaneous applications.

MANOJ KUMAR OHRI, J MAY 20, 2024/Ni The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.