Gaurav Bhola And ANR. v. The State NCT Of Delhi And ANR.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3088/2024 GAURAV BHOLA AND ANR ..... Petitioners Through:

Mr. S. Satyanarayana, Advocate with petitioners in person.

versus THE STATE NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with ASI Sunil Kumar PS Tilak Nagar, Delhi.

Mr. Rohit Kumar Chauhan, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 20.05.2024

O R D E R

1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0760/2020 registered under Sections 498-A/406/34 IPC at P.S. Tilak Nagar, 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 No. 2 who is mother-in-law of the complainant/respondent No.2. 3.

Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case, the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He states that charges have been framed. 4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Counselling Cell, Family Court, Tis Hazari The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court on 14.02.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide decree of divorce dated 18.09.2023 passed in HMA No.2794/2023. It was agreed that a sum of Rs.4,30,000/- 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 settled amount of Rs.4,30,000/-, remaining balance amount of Rs.1,50,000/- is being paid today through a demand draft bearing number 371436 drawn on Canara Bank, Ganesh Nagar, New Delhi, a photocopy of which has been placed on record. It is stated that two minor children born out of the wedlock are living with the petitioner No.1.

5.

Petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./ ASI Sunil Kumar PS Tilak Nagar, Delhi.

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 the demand draft of Rs.1,50,000/- handed over to her today. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed, subject to encashment of aforesaid demand draft of Rs.1.5 lacs. 10.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MAY 20, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.