Vinod Tayal & ORS. v. State NCT Of Delhi And ANR

$~107 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4213/2024& CRL.M.A. 16002/2024 VINOD TAYAL & ORS.

..... Petitioner Through:

Mr. S.K. Sharma, Mr. Yogender Kumar, Mr. Tejas Singh, Adv. for petitioners with petitioner No.1(in person) and petitioner Nos. 2 & 3 (through VC) versus STATE NCT OF DELHI AND ANR ..... Respondent Through:

Mr. Sanjeev Sabharwal, APP for the State alongwith SI Sanjay Bansal, PS Bhajnisra.

Mr. Rohan Chawla & Mr. Harshit Joshi, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.05.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 217/2023 registered under Sections 498A/406/34 IPC at P.S. Bhajan Pura, New 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 Sachin Tayal (husband) whereas petitioner Nos. 1 to 3 are the in-laws of the complainant. 3.

Mr. Sabharwal, learned APP for the State submits that in the present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 on 06.03.2024 before Samadhan, Delhi High Court Mediation and Conciliation Centre. It was agreed that a sum of Rs.1,10,00,000/-, as full and final settlement, shall be paid by petitioners to respondent No. 2. It is further submitted that out of the settlement amount, an amount of Rs.20,00,000/- is being paid today through demand draft bearing No. 017361 dated 20.05.2024 drawn on IDBI Bank. 5.

Learned counsel for the petitioners submits that the petitioners are the in-laws of respondent No.2 whereas husband of respondent No.2 namelySachin Tayal has already expired. Petitioner Nos.1 and 2, who are present in Court, state that the settlement arrived at between the parties would not affect the rights of the minor child, who is in custody of respondent Nos.2, in terms of the Supreme Court decision in Ganesh v.Sudhirkumar Shrivastava and Ors. reported as 2019 SCC OnLine SC 1107. The statement made is accepted, taken on record and they are made bound by the same.

Further, the settlement arrived at between the parties before Samadhan, Delhi High Court Mediation and Conciliation Centre is accepted, taken on record and the parties are made bound by the same. 6.

Petitioners and respondent No.2, who are either present in Court or have joined the proceedings through V.C., 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. She also submits that she has no objection in case the FIR is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed against the petitioners, subject to encashment of demand draft of Rs.20 lacs handed over to her today in Court. 8.

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

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.20 lacs. 11.

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

MANOJ KUMAR OHRI, J MAY 22, 2024/NI The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.