Harkesh Kumar Dang & ORS. v. The State (N.C.T. Of Delhi) & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4611/2023 HARKESH KUMAR DANG & ORS.

..... Petitioners Through: Mr.Ankit Rana and Mr.Tushar, Advocates with petitioners in person versus THE STATE (N.C.T. OF DELHI) & ANR.

..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Rohit, PS Rajouri Garden.

Mr.Nishant Bhardwaj and Mr.Manoj, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.05.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.253/2021 registered under Sections 498A/406/34 IPC at P.S. Rajouri Garden, 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 counsels for the parties submit that the parties have settled The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their dispute vide order dated 12.01.2023 passed by a Division Bench of this Court in MAT.APP.(F.C.) 200/2022. It is stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 28.01.2023 in HMA No.354/23 passed by the Family Court, Tis Hazari Court, Delhi. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.

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, namely, Vivaan Dang, 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.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer. 7.

Respondent No.2 states that she has entered into the aforesaid settlement with 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.

8.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

9.

The parties shall remain bound by the statements 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.

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

11.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J MAY 1, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.