Pradeep Maan & ORS. v. The State (N.C.T Of Delhi) And ORS.
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3159/2024 PRADEEP MAAN & ORS.
..... Petitioners Through:
Ms. Jyoti. P. Nambiar, Advocate with petitioners in person.
versus THE STATE (N.C.T OF DELHI) AND ORS.
..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Pravesh PS Mundka, Delhi.
Respondent No.3 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 25.04.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 613/2023 registered under Sections 498-A/406/34 IPC at P.S. Mundka, 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. 3 (wife) and petitioner No. 1 (husband) and petitioner Nos. 2 to 8 are the in-laws of the complainant. 3.
Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No.3 is the complainant/victim.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes vide MoU dated 06.03.2024, a copy of which has been placed on record. In terms of the settlement, the parties have to obtain divorce by mutual consent. Learned counsel for the petitioners states that first motion has already been completed. It was agreed that a sum of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Rs.5,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 3 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount of Rs.5,00,000/-, Rs.1,50,000/- has been paid at the time of first motion and an amount of Rs.1,50,000/- is being paid today through a demand draft bearing number 994190 drawn on State Bank of India, a photocopy of which has been placed on record.
5.
Ms. Jyoti. P. Nambiar, learned counsel for the petitioners states that the first motion was granted on 22.03.2024 and on instructions, states that requisite steps for second motion would be taken immediately by the petitioner No.1. She further submits that on second motion taking place, the balance amount of Rs.2,00,000/- would also be paid. She submits that although it has been agreed that articles would be returned at the time of second motion, however on instructions from the petitioners, she states that the same would be returned immediately. She further submits that an application for waiver of the period would also be preferred which, as and when filed, would be considered in accordance with law. Respondent No.3 who is present in the Court submits that she will cooperate in filing and appearing before the concerned Court for second motion proceedings. The statement made on behalf of the petitioners that the petitioners would take requisite steps in filing of the second motion immediately is accepted and taken on record.
6.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Pravesh PS Mundka, Delhi. 7.
Respondent No. 3, who is also present in Court and identified by the I.O., states that she has settled her disputes with petitioner No.1 of her own The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 the demand draft of Rs.1,50,000/- handed over to her today. 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 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.1.50 lac and subject to petitioners taking immediate steps for second motion. 11.
With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J APRIL 25, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.