Sanjeev Budhiraja & ANR. v. State Of NCT Of Delhi & ANR.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5679/2023, CRL.M.A. 21355/2023 SANJEEV BUDHIRAJA & ANR.

..... Petitioners Through:

Mr. Rohit Sharma, Advocate with petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Ms. Manjeet Arya, APP for State with W/SI Roshni Sharma, P.S. Nanak Pura.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 45/2014 registered under Sections 498A/406/34 IPC at P.S. Crime (Women Cell)/Nanakpura, 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 petitioner No. 1 (husband) whereas petitioner No. 2 is the mother-in-law of the complainant. 3.

Ms. Arya, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the only complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Tis Hazari Courts, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi on 19.07.2019. It is stated that the parties have already been granted divorce by mutual consent vide judgement dated 12.10.2021 passed by the Family Court (Central), Tis Hazari Court, Delhi in HMA No. 35/2021. As per the terms of settlement, 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. It is further submitted that out of the total settlement amount, a sum of Rs.2,00,000/-has already been paid and remaining amount of Rs.1,00,000/- is being paid today through a demand draft, a photocopy of which has been placed on record.

5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./W/SI Roshni Sharma, P.S. Nanak Pura. Respondent No.2, who is also present in the Court, has been identified by the I.O.

6.

Respondent No. 2 states that she has settled her disputes with petitioners out of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settlement 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 aforesaid FIR and the consequent proceedings arising therefrom are hereby The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed, subject to encashment of aforesaid demand draft of Rs.1 lac. 10.

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

MANOJ KUMAR OHRI, J JANUARY 18, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.