Shri Prakash Rawat v. The State NCT Of Delhi And ANR
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4984/2023 SHRI PRAKASH RAWAT & ORS.
..... Petitioners Through:
Mr. Prashant Godara and Mr. Nitesh Kadiyan, Advocates with petitioner in person.
versus THE STATE NCT OF DELHI AND ANR ..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Himanshu Yadav PS Chhawla, Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 11.03.2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.484/2018 registered under Sections 498A/406/34 IPC at P.S. Chhawla, 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 6 are the in-laws of the complainant. 3.
Mr. Nawal Kishore Jha, learned APP for the State submits that 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 vide settlement dated 23.09.2022 arrived at before The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Mediation Centre, Dwarka Courts, New Delhi. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 03.02.2023 passed by the Family Court-02, South West, Dwarka, New, Delhi in HMA No. 239/2023. Further, an affidavit in terms of the decision of the Supreme Court in Ganesh v. Sudhirkumar Shrivastava and Others reported as 2019 SCC OnLine SC 1107 has been filed, wherein it has been stated that the rights of the child shall remain unaffected by the terms of the settlement. Petitioner No.1, who is present in Court, reiterates the same. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the petitioners. 5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./SI Himanshu Yadav PS Chhawla, Delhi. Respondent No.2, who is also present in Court, has been identified by the I.O.
6.
Respondent No. 2 states that she has settled her disputes with the petitioners of her own free will, volition and without any coercion. She also submits that she has no objection in case the FIR is quashed. 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.
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.
10.
With the above directions, the petition is disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
MANOJ KUMAR OHRI, J MARCH 11, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.