Aman Raikwar & ORS. v. The State Govt NCT Of Delhi & ANR.

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4282/2024 & CRL. MA 16253/2024 AMAN RAIKWAR & ORS.

..... Petitioners Through:

Mr. Akash, Mr. Rajan and Mr. Awan Kumar Mishra, Advocates with petitioners in person.

versus THE STATE GOVT NCT OF DELHI & ANR ..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Bharat Singh PS Uttam Nagar, Delhi.

Mr. Arjun Sharma, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 24.05.2024

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. 0345/2023 registered under Sections 498-A/406/34 IPC at P.S. Uttam 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) and petitioner Nos. 2 to 4 are father-in-law, brother-in-law and sister-in-law of the complainant/respondent No.2.

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 is the complainant/victim. He further submits that the charge-sheet has not yet been filed. He submits that there is a child out of the wedlock who is in the custody of the 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. The Order is downloaded from the DHC Server on 28/05/2024 at 12:09:13

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide settlement deed dated 21.10.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 20.02.2024 passed by the Family Court, South West, Dwarka Court, New Delhi in HMA No. 447/2024. It is stated that all payments have been made by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by I.O./ SI Bharat Singh PS Uttam Nagar, Delhi.

6.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 out 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. 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 quashed.

10.

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

MANOJ KUMAR OHRI, J MAY 24, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/05/2024 at 12:09:13