Rakesh Kumar & ORS. v. The State Of NCT Of Delhi & ANR.
$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1439/2024 & CRL.M.A. 13996/2024 RAKESH KUMAR & ORS ..... Petitioners Through:
Mr. Zakir Husain, Advocate with petitioners with person.
versus THE STATE OF NCT OF DELHI & ANR ..... Respondents Through:
Mr. Sanjay Lao, Standing Counsel (Crl.) for the State with Ms. Priya Agrawal, Advocate along with SI Sneha Bhakat PS Mayapuri, Delhi.
Ms. Manya Gairola, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 07.05.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0346/2023 registered under Sections 498-A/406/34 IPC at P.S. Mayapuri, 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. Sanjay Lao, Standing Counsel (Crl.) for the State submits that in the 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
settled their disputes vide settlement dated 22.12.2023. The parties further undertake to take steps for grant of divorce by mutual consent in accordance with law immediately. The undertaking is accepted and is taken on record. The parties shall remain bound by the undertaking given by them. It is further stated that all payments have been made by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc.
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 sheet.
6.
Petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./ SI Sneha Bhakat PS Mayapuri, Delhi.
7.
Respondent No. 2 who is also present in Court and identified by the I.O., 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 7, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.