Mahesh Kumar & ORS. v. The State (NCT Of Delhi) & ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4188/2023 MAHESH KUMAR & ORS.

.....Petitioners Through: Mr. Mayank Sharma, Advocate with petitioners in person versus THE STATE (NCT OF DELHI) & ANR.

.....Respondents Through: Mr. Laksh Khanna, APP for State with SI Sandeep Kumar Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.07.2024 1.

By way of present petition, the petitioners seek quashing of FIR No.957/2015 registered under Sections 498A/406/506/34 IPC at P.S. Ambedkar 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) whereas petitioner Nos.2 to 4 are the in-laws of the complainant. 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 counsel for the petitioners submits that the parties have settled their dispute before Mediation Centre, Saket Courts, Delhi on 14.02.2023 which records that the rights of the minor child borne out of the wedlock, who is in the custody of respondent No.2, would remain The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 11:32:20

unaffected by terms of the settlement. The petitioner No.1, who is present in the Court, reiterates the same. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 13.02.2019 passed by learned Family Court, Saket, Delhi in HMA No.263/2015. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners. 5.

The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer. Respondent No.2, who is present in the Court and has handed over her self-attested gate pass, which is taken on record, has also been identified by the Investigating Officer. 6.

Respondent No.2 states that she has entered into the aforesaid Settlement/Agreement out of 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.

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 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 quashed.

10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J JULY 30, 2024/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 11:32:20