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High Court of DelhiCRL.M.C./4261/2024

Tarun And ORS v. State Govt Of NCT Of Delhi And ANR

2024-07-05Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4261/2024 TARUN AND ORS .....Petitioners Through: Mr.Md. Israr Khan, Advocate with petitioners in person versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with Insp. Ritesh Raj and ASI Raj Kumar Mr.Rajat Goyal, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.07.2024 CRL.M.A. 16166/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 4261/2024 1.

By way of present petition, the petitioners seek quashing of FIR No.474/2022 registered under Sections 498A/406/34 IPC at P.S. Raj Park, 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 3 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. He further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

submits that the chargesheet has been filed in the present case under the aforesaid sections.

4.

Learned counsels for the parties submit that the parties have settled their dispute vide Settlement arrived at before Counselling Cell, Family Courts, Rohini, Delhi on 26.07.2023. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 13.03.2024 passed by Family Court, Rohini, Delhi in HMA No.402/2024. It is further submitted that out of the settlement amount, the balance amount of Rs.50,000/- is being paid today through a demand draft bearing No.501312 dated 29.05.2024 drawn on ICICI Bank and further that the cost of Rs.5,000/- imposed by this Court vide order dated 22.05.2024 has already been paid. 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 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.

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.

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 the aforesaid demand draft. 10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J JULY 5, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.