Pankaj Verma & ORS. v. State Govt. Of NCT Of Delhi & ANR.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3636/2023 & CRL.M.A. 13817/2023 PANKAJ VERMA & ORS.

..... Petitioners Through:

Mr. Kanishk Kharbanda, Advocate versus STATE GOVT. OF NCT OF DELHI & ANR ..... Respondents Through:

Ms. Manjit Arya, APP for State with SI Suresh Kumar PS New Usman Pur, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 12.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.263/2016 registered under Sections 498A/406/34 IPC read with Section 4 of Dowry Prohibition Act, 1961 registered at PS New Usmanpur, 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 7 are the other relatives of the petitioner No.1. 3.

Ms. Manjit Arya, APP, learned APP for the State, submits that in the present case the petitioners are the only accused persons and respondent No. 2 is the only complainant.

4.

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

settled their disputes vide Settlement dated 02.03.2021. It is stated that the parties have already been granted divorce by mutual consent vide decree dated 30.05.2022 passed in HMA No. 440/22 by Principal Judge, Family Courts, Karkardooma Courts, Delhi. As per the terms of settlement, it was decided that petitioner No.1 would pay to respondent No.2 a sum of Rs.2,90,000/- as full and final settlement. It is stated that petitioner No.1 has already paid a sum of Rs.2,00,000/- to respondent No.2. The remaining amount i.e., Rs.90,000/- has been paid today through demand draft drawn on HDFC Bank, Pilkhuwa, Ghaziabad.

5.

The petitioners, who are present in the Court, are identified by their counsel as well as by the Investigating Officer/ SI Suresh Kumar PS New Usman Pur, Delhi. Respondent No.2, who is also present in court, is identified by the Investigating Officer.

6.

Respondent No.2 states that she has entered into the aforementioned Settlement out of her own free will, volition and without any coercion. She also states that in view of the settlement arrived at between the parties, she has no objection if the present FIR and the consequent proceedings are quashed.

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 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, subject to encashment of the demand draft, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

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

MANOJ KUMAR OHRI, J JANUARY 12, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.