Simrandeep Singh Oberoi Husband. & ORS. v. State Of NCT Of Delhi & ANR.
$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.
3010/2024, CRL.M.A.
11592/2024, CRL.M.A.
11593/2024 SIMRANDEEP SINGH OBEROI HUSBAND. & ORS.
..... Petitioners Through:
Mr. Vishu Inder Singh, Advocate with petitioners in person.
versus STATE OF NCT OF DELHI & ANR.
..... Respondents Through:
Mr. Aashmeet Singh, APP for State with SI Purvi, P.S. Tilak Nagar.
Mr. Sidak Want Kaur, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 22.04.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 908/2021 registered under Sections 498-A/406/354/354A/34 IPC at P.S. Tilak Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.
Present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No. 1 (husband) and petitioner Nos. 2 and 3 are in-laws of the complainant. 3.
Learned counsel for the petitioners submits that though the present FIR was registered against five accused persons, however, charge-sheet has been filed against only three accused persons i.e. the present petitioners. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Mr. Singh, learned APP for the State confirms the above and submits that other two accused persons namely Daljeet Kaur @ Ritu Sethi and Bikramjeet Singh @ Mannu were kept in Column 12 and have not been summoned. He further submits that respondent No.2 is the complainant. 5.
Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding dated 16.01.2024. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 06.02.2024 passed by the Family Court-02, West, Tis Hazari Court, Delhi in HMA No. 304/2024. It was agreed that a sum of Rs.25,00,000/-, as full and final settlement, shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.16,00,000/- has already been paid and remaining balance amount of Rs.9,00,000/- is being paid today through a demand draft, photocopy whereof has been placed on record. 6.
Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by the I.O./SI Purvi, P.S. Tilak Nagar.
7.
Respondent No. 2 states that she has settled her disputes with petitioner No.1 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, subject to encashment of demand draft of Rs.9 lacs given to her today in Court. 8.
Learned counsel for the petitioners submits that no other proceedings are pending between the parties.
9.
The parties shall remain bound by the statements and undertaking The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
made in Court today.
10.
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, subject to encashment of aforesaid demand draft of Rs.9 lacs. 11.
With the above directions, the petition is disposed of alongwith miscellaneous applications.
MANOJ KUMAR OHRI, J APRIL 22, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.