Harish Goyal & ORS. v. State NCT Of Delhi & ANR.

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4784/2023 HARISH GOYAL & ORS.

..... Petitioners Through:

Ms. Puvali Singh, Mr. Nadeem Qureshi and Ms. Renu Chaudhary, Advocates with petitioners in person.

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

Mr. Laksh Khanna, APP for State Inspector Sunny PS Rajinder Nagar, New Delhi.

Ms. Bhavna Sharma, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 12.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No.174/2018 registered under Section 67 IT Act and Section 506/507/120B IPC registered at Police Station Rajinder Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, respondent No.2 received threatening message from the petitioner, thereby threatening her as well as her family.

3.

Mr. Laksh Khanna, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case. It is further submitted that the charge-sheet has been filed.

4.

Learned counsel for the petitioners submits that the petitioner No.1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and respondent No. 2 were husband and wife and that the parties have amicably settled their dispute vide Settlement dated 19.09.2022 arrived at before Delhi Mediation Centre, Tiz Hazari Courts, Delhi. It is stated that the parties have been granted divorce by mutual consent vide decree dated 16.02.2023 passed in HMA No.139/2023 by Judge, Family Court, Central District, Tiz Hazari, Delhi. As per the terms of settlement, it was decided that petitioner No.1 would pay to respondent No.2 a sum of Rs.18,00,000/-, out of which a sum of Rs.12,00,000/- has already been paid. A demand draft of Rs.3,00,000/- bearing No. 225094 drawn on IndusInd Bank Ltd. has been handed over in court today. It was further decided that the remaining Rs.3,00,000/- shall be paid at the time of quashing of FIR No. 125/2015, which was decided to be filed one month after the quashing of the present FIR.

5.

The petitioners as well as respondent No.2, who are present in Court, have been identified by their counsel as well as the I.O./ Inspector Sunny PS Rajinder Nagar, New Delhi.

6.

Respondent No. 2 states that she has entered into the aforementioned settlement out of 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.

7.

The parties shall remain bound by the statements made in Court today.

8.

In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, subject to encashment of demand draft, 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.

9.

The petition is disposed of in above terms.

MANOJ KUMAR OHRI, J JANUARY 12, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.