Vijay Kumar Maurya And Others v. State Govt.Of NCT Of Delhi And ORS.
$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3487/2024&CRL.M.A. 13392/2024 VIJAY KUMAR MAURYA AND OTHERS ..... Petitioners Through:
Mr. Umesh Chandra Mishra and Mr.
Shivam Sharma, Advocates with petitioners in person.
versus STATE GOVT.OF NCT OF DELHI AND ORS.
..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with ASI Rajvir Singh PS BudhVihar, Delhi.
Ms. MeenaMehtani, Mr. R.K. Singh, Ms.
Vishakha, Advocates for respondent No.2 along with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 02.05.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 315/2019 registered under Sections 498-A/406/506/34 IPC read with Section 4 of Dowry Prohibition Act at P.S. Budh Vihar, 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 and 3 are mother-in-law and brother-in-law of the complainant.
3.
Mr. Nawal Kishore Jha, learned APP for the State submits that in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
present case 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 disputes before Delhi Mediation Centre, Karkardooma Courts, Delhi on 16.03.2023.It is stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 07.02.2024 in HMA No.75/24 passed by Family Court, Karkardooma, New Delhi.In terms of the settlementit was agreed that a sum of Rs.8,00,000/- 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.8,00,000/-, remaining balance amount of Rs.2,00,000/- is being paid today through a demand draft bearing number 640766 dated 22.02.2024drawn on IDFC Bank, a photocopy of which has been placed on record.
5.
Petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./ASI Rajvir Singh PS BudhVihar, Delhi.
6.
Respondent No. 2states 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.2,00,000/- 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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, subject to encashment of aforesaid demand draft of Rs.2 lac. 10.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J MAY 2, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.