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High Court of DelhiCRL.M.C./3363/2023

Kirpal Singh & ORS. v. State (NCT Of Delhi) And ANR.

2024-02-28Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3363/2023 KIRPAL SINGH & ORS.

..... Petitioners Through:

Mr. Shubham Shrivastava and Ms.

Himani Kalra, Advocates for petitioners with petitioners in person.

versus STATE (NCT OF DELHI) AND ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Naresh Kumar PS Tilak Nagar, Delhi.

Ms. Chandrka Gupta, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 798/2016 registered under Sections 498A/406/34 IPC at P.S. Tilak Nagar, New 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 and 3 are the in-laws of the complainant. 3.

Mr. Sanjeev 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. The Order is downloaded from the DHC Server on 02/03/2024 at 11:48:35

4.

Learned counsel for the petitioners submits that the parties have settled their disputes out of court and in terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 20.11.2018 passed by the Family Court, Tis Hazari Court, Delhi in HMA No. 3577/2018. It is submitted that all payments have been made by petitioner No. 1 to respondent No. 2.

5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by I.O./ SI Naresh Kumar PS Tilak Nagar, Delhi.

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 acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners. 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 in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

10.

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

MANOJ KUMAR OHRI, J FEBRUARY 28, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:48:35