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High Court of DelhiW.P.(CRL)/1553/2024

Pranav Prakash@Ankit & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

2024-05-16Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1553/2024 & CRL.M.A. 15111/2024 PRANAV PRAKASH@ANKIT & ORS.

..... Petitioners Through:

Mr. Amit Kumar, Advocate with petitioners in person.

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

Mr. Sanjay Lao, Standing Counsel (Crl.) for the State with Mr. Shivesh Kaushik and Mr. Abhinav, Advocates with WSI Durgesh and W/ASI Sharda PS Dabri, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 16.05.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 774/2022 registered under Sections 498-A/406/34 IPC at P.S. Dabri, 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 4 who are the in-laws of the complainant. 3.

Mr. Sanjay Lao, learned 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. He further states that chargesheet has been filed. 4.

Learned counsel for the petitioner states the parties have settled their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:54:16

disputes vide MoU dated 13.02.2024. In terms of the settlement, first motion for divorce by mutual consent has already been filed and undertakes that immediate steps would be taken to file the petition for second motion. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ WSI Durgesh and W/ASI Sharda PS Dabri, Delhi.

6.

The respondent No.2 who is present in the Court and is identified by the IO/ WSI Durgesh and W/ASI Sharda PS Dabri, Delhi states that she would cooperate in the filing of the second motion and would simultaneously take steps for withdrawal of the complaint case under DV Act in terms of the MoU.

7.

Both parties state that they would abide by the terms of the MoU dated 13.02.2024. The said statement is accepted and is taken on record. They are bound by the same. Learned counsel for the petitioners states that the remaining balance amount of Rs.7 lacs is already lying deposited before the Family Court under the DV Act case and he submits that on completion of divorce proceedings and after withdrawal of DV complaint by the respondent No.2, he would have no objection if the said amount is withdrawn by the respondent No.2 along with interest accrued thereon. 8.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion and submits that she has no objection in case the FIR is quashed against the petitioners.

9.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

10.

The parties shall remain bound by the statements and undertaking The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:54:17

made in Court today.

11.

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.

12.

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

13.

DASTI.

MANOJ KUMAR OHRI, J MAY 16, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:54:17