Ashish And ORS v. State Of NCT Of Delhi And ANR.
$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1311/2024, CRL.M.A. 12844/2024 ASHISH AND ORS ..... Petitioners Through:
Mr. Karanpreet Singh, Advocate with petitioners in person.
versus STATE OF NCT OF DELHI AND ANR.
..... Respondents Through:
Ms. Rupali Bandhopadhya, ASC for State with SI Ashok Kumar, P.S.
Nangloi.
Mr. Dinesh Malik, Mr. Puneet Jain and Ms. Kiffi Aggarwal, Advocates for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 30.04.2024 1.
The present petition has been filed under Article 226 of the Constitution of India on behalf of the petitioners seeking quashing of FIR No. 339/2022 registered under Sections 498-A/406/34 IPC at P.S. Nangloi, 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 5 are in-laws of complainant. 3.
Ms. Rupali Bandhopadhya, learned ASC 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 15.11.2022. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 20.02.2023 passed by the Family Court-02, Tis Hazari Court, Delhi in HMA No. 569/23. It was agreed that a sum of Rs.15,00,000/- alongwith articles and jewellery as per admitted list, 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.11,00,000/- has already been paid and remaining balance amount of Rs.4,00,000/- is being paid today through a demand draft No. 991561 dated 29.04.2024 drawn on State Bank of India, Rohtak. It is further submitted that articles and jewellery have also been handed over to the respondent No.2. 5.
Petitioner No.1, who is present in Court, undertakes that rights of their minor child, namely, Hardik Singh, shall remain unaffected by the terms of the settlement. In acknowledgement of his statement made today in Court, petitioner No.1 as well as his counsel has signed the present order sheet. 6.
Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./SI Ashok Kumar, P.S. Nangloi, Delhi.
7.
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 as well as articles and jewellery and submits that she has no objection in case the FIR is quashed against the petitioners, subject to encashment of demand draft of Rs.4 lacs given to her today in Court.
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 aforesaid demand draft of Rs.4 lacs. 11.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J APRIL 30, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.