Indervesh & ORS. v. State NCT Of Delhi And ANR
$~114 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4134/2024 & CRL.M.A. 15689/2024 INDERVESH & ORS.
..... Petitioners Through:
Mr. Sonu Kirar Rachit Khandelwal, Mr. Paripoorn Singh, Mr. Mohd.
Kaleeh Khan and Ms. Maleeni, Advocates.
versus STATE NCT OF DELHI AND ANR ..... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with SI Sudhir Dahiya PS Aman Vihar, Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 20.05.2024
O R D E R
1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 642/2014 registered under Sections 498-A/406/34 IPC at P.S. Aman Vihar, 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.
and who are parents-in-law of the complainant/respondent No.2.
3.
Mr. Sanjeev Sabharwal, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
settled their disputes before the Mediation Centre, Rohini Court on 02.06.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 01.02.2024 passed by the Family Court, North West, Rohini Court, Delhi in HMA No. 258/2024. It was agreed that a sum of Rs.3,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount of Rs.3,00,000/-, remaining balance amount of Rs.1,00,000/- is being paid today through a demand draft bearing number 010430 drawn on HDFC Bank, a photocopy of which has been placed on record. It is informed that the child born out of the wedlock is in the custody of the petitioner No.1.
5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Sudhir Dahiya PS Aman Vihar, Delhi. 6.
Respondent No. 2, who is also present in Court and identified by the I.O., states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.1,00,000/- handed over to her today. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of aforesaid demand draft of Rs.1 lac. 10.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J MAY 20, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.