Shri Pushpendra Verma & ORS. v. The State NCT Of Delhi & ANR.

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3605/2024 & CRL.M.As. 13834-35/2024 SHRI PUSHPENDRA VERMA & ORS.

..... Petitioners Through:

Mr. Vinit Choudhary, Mr. Sehdev Rana, Mr. Himanshu Bharti and Mr.

Sarthak Yadav, Advocate with petitioners in person.

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

Mr. Sanjeev Sabharwal, APP for State with SI Shivom PS Gazipur, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.05.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 399/2020 registered under Sections 498-A/406/506/34 IPC at P.S. Gazipur, 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 the in-laws of the complainant. 3.

Mr. Sanjeev Sabharwal, 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. He states that the charge-sheet has been filed. 4.

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

District, Karkardooma Courts, Delhi on 27.09.2023, a copy of which has been placed on record. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 05.02.2024 passed by the Family Court-01, North East, Karkardooma Courts, Delhi in HMA No. 129/2024. It is submitted that out of the total settlement amount of Rs.2,00,000/-, balance payment of Rs.40,000/- has been made today by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc by way of demand draft bearing number 407546 drawn on ICICI Bank, Asaf Ali Road, Delhi. 5.

Learned counsel for the petitioners, on instructions from the petitioner No.1, submits that petitioner No.1 is ready and willing to state that rights of the minor child, who is in the custody of respondent No.2, as available under the law shall remain unaffected by the terms of the settlement. The petitioner No.1, who is present in the Court reiterates the same. In acknowledgement of the said statement, petitioner No.1 and his counsel have signed the order sheets.

6.

Petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./ SI Shivom PS Gazipur, 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 and submits that she has no objection in case the FIR is quashed against the petitioners. 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.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

11.

With the above directions, the petition is disposed of alongwith miscellaneous applications.

MANOJ KUMAR OHRI, J MAY 6, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.