Sh Pradeep Kumar & ORS. v. The State & ANR.
$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1141/2024, CRL.M.A. 11000/2024 SH PRADEEP KUMAR & ORS.
..... Petitioners Through:
Mr. Sandeep Jain, Advocate with petitioners in person.
versus THE STATE & ANR.
..... Respondents Through:
Mr. Yasir Rauf Ansari, ASC for State with Mr. Vasu Agarwal, Mr. Sanjeev Kumar and Mr.
Manish Suri, Advocates alongwith SI Sanjay Tomar, P.S. Karawal Nagar.
Mr. Narender Singh, Advocate for respondent No.2 in person with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 10.04.2024 1.
The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking quashing of FIR No.443/2022 registered under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act at P.S. Karawal 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) whereas petitioner Nos. 2 to 4 are in-laws of the complainant. 3.
Mr. Ansari, learned ASC for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
complainant/victim.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes before the Counselling Cell, Family Court, Karkardooma Courts on 23.01.2023. In terms of the settlement, petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 11.12.2023 passed by the Family Court, North East, Karkardooma Courts, Delhi in HMA No. 1224/2023. 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. Out of the settlement amount, the balance amount of Rs.2,00,000/- is being paid today through a demand draft, a photocopy of which has been placed on record. 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 Sanjay Tomar, P.S. Karawal Nagar.
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 submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.2,00,000/- handed over to her today.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
quashed, subject to encashment of aforesaid demand draft of Rs.2 lacs. 10.
With the above directions, the petition is disposed of alongwith miscellaneous applications.
MANOJ KUMAR OHRI, J APRIL 10, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.