Pradeep Kumar Suvi & ORS. v. The State & ANR.
$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3233/2024, CRL.M.A. 12443/2024 PRADEEP KUMAR SUVI & ORS.
..... Petitioners Through:
Mr. D.C. Akarniya and Mr. Khalil Ahmad, Advocates with petitioners in person.
versus THE STATE & ANR.
..... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with SI Rohan, P.S. Punjabi Bagh and SI Harish, P.S. Special Cell.
Mr. Neeraj Sood, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 26.04.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0138/2019 registered under Sections 498-A/406/34 IPC at P.S. Punjabi Bagh, 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) and petitioner Nos. 2 to 4 are in-laws of the complainant. 3.
Mr. Sabaharwal, 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Tis Hazari Court, Delhi on 22.01.2020. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 24.02.2020 passed by the Family Court, District West, Tis Hazari Court, New Delhi in HMA No. 410/2020. It was agreed that a sum of Rs.6,20,000/- , 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.3,50,000/- has already been paid and remaining balance amount of Rs.2,70,000/- is being paid today through a demand draft, photocopy whereof 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 Rohan, P.S. Punjabi Bagh.
6.
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 aforementioned demand draft of Rs.2.70 lacs handed over to her today. Learned counsel for respondent No.2/complainant submits that aforementioned demand draft of Rs.2.70 lacs is dated 31.01.2024 and may need to be re-validated.
7.
Learned counsel for the petitioners states that petitioners assure that in case the demand draft is required to be re-validated, the same will be done immediately.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 aforementioned demand draft of Rs.2.7 lacs.
11.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J APRIL 26, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.