Deepak Chauhan And ORS v. The State NCT Of Delhi And ANR.

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4092/2024 DEEPAK CHAUHAN AND ORS ..... Petitioners Through:

Mr. Nitin Vats alongwith Mr. Jaidev Solainki & Ms. Nidhi Sharma, Advocates with petitioners in person.

versus THE STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, Learned APP for the State with SI M.L. Meena, P.S. Sagarpur.

Mr.

Mukesh Kumar Sharma, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 20.05.2024

O R D E R

CRL.M.A. 15565/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

CRL.M.C. 4092/2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 528/2018 registered under Sections 498A/406/34 IPC at P.S. Sagarpur, 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 and 3 are the in-laws of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Mr. Nawal Kishore Jha, learned APP 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 settled their disputes vide Settlement Agreement dated 06.05.2023. In terms of the settlement, petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 31.10.2023 passed by the Judge, Family Court, Patiala House, Delhi in HMA No. 1021/23. Further, out of the settlement amount of Rs.40,00,000/-, the balance amount of Rs.10,00,000/- is being paid today through demand draft bearing No. 000367 dated 15.05.2024 drawn on AU Small Finance Bank. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the petitioners.

5.

Petitioner No.1, who is present in Court, states that rights of the minor child, who is in custody of respondent No.2, shall remain unaffected by the terms of the settlement. 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 respective counsel as well as by I.O. 7.

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 against the petitioners, subject to encashment of demand draft of Rs.10 lacs given to her today in Court.

8.

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

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

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

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, subject to encashment of aforesaid demand draft of Rs.10 lacs. 11.

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

MANOJ KUMAR OHRI, J MAY 20, 2024/Ni The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.