Ashu Kashyap & ORS. v. State & ANR.
$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1068/2024 ASHU KASHYAP & ORS.
..... Petitioners Through: Mr.Ajay Kumar Sejwal, Advocate with petitioners in person versus STATE & ANR.
..... Respondents Through: Mr.Sanjay Lao, Standing Counsel with SI Puran Singh and Insp. Ganga Ram Mr.S. Singh, 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 CRL.M.A. 10036/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
W.P.(CRL) 1068/2024 1.
By way of present petition filed under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C., the petitioners seek quashing of FIR No.795/2019 registered under Sections 498A/406/34 IPC at P.S. Dabri, Delhi on the ground that the parties have amicably settled their disputes.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 3 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. Further, the chargesheet has been filed only in the aforesaid sections. 4.
Learned counsels for the parties submit that the parties have settled their dispute vide Comprise Deed/MoU dated 23.08.2023. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 30.11.2023 passed by Family Court, Dwarka, New Delhi in HMA No.3773/2023. It is further submitted that out of the settlement amount, the balance amount of Rs.1,50,000/- is being paid today through a demand draft bearing No.043251 dated 07.03.2024 drawn on Bank of Baroda. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners. 5.
The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsel and the Investigating Officer.
6.
Respondent No. 2 states that she has entered into the aforesaid Comprise Deed/MoU 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 3, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.