Gaurav Gehlot & ORS. v. State & ANR.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5377/2023 and CRL.M.A. 20389/2023 GAURAV GEHLOT & ORS.

.....Petitioners Through: Mr.Narednra Singh, Mr.S.C. Pandey, Mr.Kuldeep Singh, Ms.Archana C., Mr.Ashish and Ms.Aastha Jain, Advocates with petitioners in person versus STATE & ANR.

.....Respondents Through: Mr. Laksh Khanna, APP for State with SI Rahul Mr.Rahul Saxena, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.07.2024 1.

By way of present petition, the petitioners seek quashing of FIR No.367/2022 registered under Sections 498A/406/34 IPC and Section 4 of DP Act at P.S. Seemapuri, 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 disputes before Delhi Mediation Centre, Karkardooma Courts, Delhi on 06.08.2022. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 03.03.2023 passed by learned Family Court, Shahdara, Karkardooma Courts, Delhi in HMA No.2171/2022. It is further submitted that out of the settlement amount, the balance amount of Rs.2,00,000/- is being paid today through a demand draft bearing No.236170 dated 22.07.2024 drawn on Bank of Baroda and has also handed over Rs.5,000/- in cash as cost in terms of the last order. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

5.

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

6.

Respondent No.2 states that she has entered into the aforesaid Settlement/Agreement 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 subject to encashment of the aforesaid demand draft handed over to her today.

7.

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

8.

The parties shall remain bound by the statements 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 subject to encashment of the aforesaid demand draft. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The petition is disposed of in the above terms alongwith the pending application.

MANOJ KUMAR OHRI, J JULY 30, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.