Sonu Goyala & ORS. v. State NCT Of Delhi And ANR

$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

4243/2024, CRL.M.A. 16089/2024 & CRL.M.A.

16090/2024 SONU GOYALA & ORS.

..... Petitioner Through:

Mr. Brajesh Dwivedi, Advocate with petitioners in person.

versus STATE NCT OF DELHI AND ANR ..... Respondent Through:

Mr. Nawal Kishore Jha, APP for the State with SI Ravi Shankar Ms.

Desh Rai, Advocate 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. 424/2022 registered under Sections 498A/406/34 IPC at P.S. Patel Nagar, 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 7 are in-laws of the complainant. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

is the complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes on 17.08.2023 before Counselling Cell, Tis Hazari Court, Delhi. In terms of the settlement, petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 25.01.2024 passed by the Family Court-02 (West), Tis Hazari Court, Delhi in HMA No. 189/2024. It was agreed that a sum of Rs.11,00,000/-as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2. It is further submitted that out of the settlement amount, thebalance amount of Rs.5,00,000/- is being paid today through demand draft bearing No.779678 dated 02.04.2024 drawn on UCO Bank. 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 as well as his counsel have signed the order sheet. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O. 6.

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.5 lacs given to her today in Court.

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.

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

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 aforesaid demand draft of Rs.5 lacs. 10.

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

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.