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High Court of DelhiCRL.M.C./3933/2023

Paras Aggarwal & ORS. v. State Through Sho & ANR.

2024-03-20Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3933/2023 PARAS AGGARWAL & ORS.

..... Petitioners Through: Mr.Anjan Kumar, Advocate with petitioners in person versus STATE THROUGH SHO & ANR.

..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with WSI Radha Kanwar Ms.Kamini Sharma, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 20.03.2024 CRL.M.A. 14963/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 3933/2023 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.151/2017 registered under Sections 498A/406/34 IPC at P.S. Maurya Enclave, 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 3 are the in-laws of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. 4.

Learned counsels for the parties submit that the parties have settled their dispute vide Memorandum of Understanding dated 21.07.2022. It is stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 23.03.2023 in HMA No.2766/2022. It is further submitted that out of the settled amount, remaining balance amount of Rs.3,00,000/- is being paid today through a demand draft bearing No.148513 dated 12.03.2024 drawn on State Bank of India. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.

5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6.

Respondent No. 2 states that she has entered into the aforesaid Memorandum of Understanding with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft handed over to her today. 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 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed subject to encashment of the aforesaid demand draft. 10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J MARCH 20, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.