Gagan Kumar v. State Of NCT & ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2571/2024 GAGAN KUMAR & ORS.

..... Petitioners Through: Mr.Arvind Kumar, Advocate with petitioners in person versus STATE OF NCT & ANR.

..... Respondents Through: Mr.Sanjeev Sabharwal, APP for State with SI Omkar Mal Mr.Abhishek Sharma, Advocate for respondent No2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.04.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of FIR No.280/2022 registered under Sections 498A/406/34 IPC at P.S. Prasad 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 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 counsels for the parties submit that the parties have settled their dispute on 19.10.2023 vide Settlement arrived at before Counselling The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Cell, Family Court, Tis Hazari 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 08.01.2024 passed by Family Court, Central District, Tiz Hazari Courts, Delhi in HMA No.2285/2023. It is further submitted that out of the settlement amount, the balance amount of Rs.5,00,000/- is being paid today through a demand draft bearing No.582263 dated 30.01.2024 drawn on Punjab National 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 the 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 and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6.

Respondent No. 2 states that she has entered into the aforesaid settlement 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.

7.

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

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 2, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.