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High Court of DelhiCRL.M.C./2551/2024

Lalit Kumar Mehandiratta & ORS. v. State Govt. Of NCT Of Delhi & ANR.

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

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2551/2024 LALIT KUMAR MEHANDIRATTA & ORS.

..... Petitioners Through: Mr.Rakesh Kumar and Mr.Parveen Sehrawat, Advocates with petitioners in person versus STATE GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Sunny Khatri Respondent No.2 through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.04.2024 CRL.M.A. 9721/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 2551/2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No. 15/2019 registered under Sections 498A/406/506/509/323/34 IPC at P.S. Vijay Vihar, 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 dispute on 26.08.2023 vide Settlement/Agreement arrived at before Delhi Mediation Centre, Rohini District 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 09.02.2024 passed by Family Court, Rohini, Delhi in HMA No.365/2024. It is further submitted that out of the settlement amount, the balance amount of Rs.50,000/- is being paid today through a demand draft bearing No.323777 dated 21.03.2024 drawn on Canara Bank. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners. Petitioner No.1, who is present in Court, states that rights of the minor child, who is in the custody of respondent No.2 shall remain unaffected by the terms of the settlement. In acknowledgement of the said statement, petitioner No.1 and his counsel have signed the order sheet.

5.

The petitioners, who are present in the Court have been identified by their counsel and the Investigating Officer. Respondent No.2, who has also joined the proceedings through V.C., has been identified by the Investigating Officer.

6.

Respondent No. 2 states that she has entered into the aforesaid mediation settlement/agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft handed over to her today. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 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 the aforesaid demand draft. 10.

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