Anmol Khorwal And ORS v. State Through Sho Uttam Nagar And ANR

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2651/2024, CRL.M.A. 10102/2024 ANMOL KHORWAL AND ORS ..... Petitioners Through:

Mr. Harsh Bahl, Advocate with petitioners in person.

versus STATE THROUGH SHO UTTAM NAGAR AND ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Ram Niwas and SI Johny Kumar, P.S. Uttam Nagar.

Ms. Priyanka Rai, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 03.04.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 1150/2018 registered under Sections 498-A/406/34 IPC at P.S. Uttam 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) and petitioner Nos. 2 and 3 are parents-in-laws of the complainant. 3.

Mr. Sabharwal, 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.

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

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Counselling Cell, Family Court, on 05.09.2022. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 19.08.2023 passed by the Family Courts (HQs), South West, Dwarka, New Delhi in HMA No. 2628/2023. It was agreed that a sum of Rs.7,00,000/-, as full and final settlement, shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount, a sum of Rs.5,00,000/- has already been paid and remaining balance amount of Rs.2,00,000/- is being paid today through a demand draft, photocopy whereof has been handed over which is taken on record.

Learned counsel further submits that it has been recorded in the order dated 19.08.2023 passed at the time of granting of divorce that rights of the minor female child, born out of the wedlock, shall remain unaffected by the terms of the settlement. Petitioner No.1, who is present in Court, reiterates the same.

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 Ram Niwas and SI Johny Kumar, P.S. Uttam Nagar.

6.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners, subject to encashment of demand draft of Rs.2 lacs given to her today in Court. 7.

Learned counsel for the petitioners submits that no other proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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, subject to encashment of aforesaid demand draft of Rs.2 lacs. 10.

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

MANOJ KUMAR OHRI, J APRIL 3, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.