Bipin Saraswat & ORS. v. The State & ANR.

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2948/2024, CRL.M.A. 11285/2024 BIPIN SARASWAT & ORS.

..... Petitioners Through:

Ms. Aprajita Sharma, Advocate with petitioners in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Nitin Tomar, P.S. Shakarpur.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 15.04.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 542/2018 registered under Sections 498A/406/34 IPC at P.S. Shakarpur, 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. Jha, 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. He further submits that charge-sheet has been filed under the aforesaid sections.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding/Divorce Deed/Full & Final Settlement dated 20.10.2023. In terms of the settlement, petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 19.01.2024 passed by the Family Court-02, East, 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 22/04/2024 at 14:09:45

Karkardooma Courts, Delhi in HMA No. 113/2024. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the petitioners. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./SI Nitin Tomar, P.S. Shakarpur.Respondent No.2, who is also present in Court, has been identified by the I.O. 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. 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 application.

MANOJ KUMAR OHRI, J APRIL 15, 2024 ga 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 22/04/2024 at 14:09:45