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High Court of DelhiW.P.(CRL)/1097/2024

Deepak Hira & ORS. v. State Of NCT Of Delhi & ANR.

2024-04-30Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1097/2024 & CRL.M.A. 10377/2024 DEEPAK HIRA & ORS.

..... Petitioners Through:

Mr. Kamal Garg, Mr. Chirag Arora, Ms. Neha Gawra, Advocates with petitioners in person.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Sanjay Lau, ASC (Crl.) for State with SI Sanjay Kumar PS Rajouri Garden, New Delhi.

Mr. Suman Singh, Mr. Nikhil Arvind Kumar, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.04.2024 1.

The present petition has been filed under Article 226 of the Constitution of India seeking quashing of FIR No. 447/2022 registered under Sections 498A/406/34 IPC at P.S. Rajouri Garden, 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. Sanjay Lau, ASC (Crl.) for 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 vide Memorandum of Understanding dated 14.06.2022. In terms of the settlement, petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 30.05.2023 passed by the Family Court, Tis Hazari Court, Delhi in HMA No. 1479/2023. It was agreed that a sum of Rs.5,75,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2. It is further submitted that all amount has already been paid to respondent No.2. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the petitioners.

5.

Petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./ SI Sanjay Kumar PS Rajouri Garden, New Delhi.

6.

Respondent No.2 states that she has settled her disputes with 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

miscellaneous application.

MANOJ KUMAR OHRI, J APRIL 30, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.