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High Court of DelhiCRL.M.C./2534/2024

Gourav Goyal@Gaurav Goyal & ORS. v. State -Govt. Of NCT Of Delhi & ANR.

2024-04-01Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2534/2024 GOURAV GOYAL@GAURAV GOYAL & ORS.

..... Petitioners Through:

Mr.Vijay Kinger, Mr.Ashwani Gehlot, Ms.Roopa Nagpal, Advocates with petitioners in person.

versus STATE -GOVT. OF NCT OF DELHI & ANR.

..... Respondent Through:

Mr.Nawal Kishore Jha, APP for State with Insp.Vikas Malik, PS M.S.Park.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.04.2024 CRL.M.A. 9670/2024 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 2534/2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 141/2017 registered under Sections 498A/406/34 IPC read with Section 4 Dowry Prohibition Act at P.S. Mansarovar Park 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 5 are the in-laws of the complainant. 3.

Mr. Jha, learned APP 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 on 06.09.2022 before Delhi Mediation Centre, Karkardooma Courts, Delhi. In terms of the settlement, petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 25.04.2023 passed by the Family Court-01, Shahdara District, Delhi in HMA No.790/2023. It was agreed that a sum of Rs.7,50,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2. Out of the settlement amount, the balance amount of Rs.2,50,000/- is being paid today through a demand draft bearing No.406876 dated 05.02.2024 drawn in favour of Rekha Garg, drawn on Central Bank of India. Photocopy of the same be placed on record. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./Insp.Vikas Malik, PS M.S.Park. Respondent No.2, who is also present in Court, has been identified by the I.O. 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 also submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.2,50,000/- handed over to her.

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 aforesaid demand draft of Rs.2.50 lakhs. 10.

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

MANOJ KUMAR OHRI, J APRIL 1, 2024 VLD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.