Saurabh Kumar ORS v. State Of NCT Delhi ANR

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4290/2024 SAURABH KUMAR ORS .....Petitioners Through:

Mr. Saddam Hussain, Advocate with petitioners in person.

versus STATE OF NCT DELHI ANR .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Pushpender, P.S. Begumpur, Mr. Kapil Prajapati, Ms. Mansi Gupta, Mr. Neeraj Baisoya, Ms. Ira Rana and Mr.

Dishant Tiwari, Advocates.

Respondent No.2 present through V.C.

Brother of respondent No.2 present in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 31.07.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 550/2021 registered under Sections 498-A/406/34 IPC at P.S. Begampur 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 and 5 are in-laws of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Mr. 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.

4.

It is submitted that parties have settled their disputes vide Memorandum of Understanding Deed dated 12.02.2022. In terms of the settlement, marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 07.07.2023 passed by Principal Judge, Family Court, North West, Rohini, Delhi in HMA No. 2977/2022. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.11,00,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.10,00,000/- has already been paid and balance amount i.e. Rs.1,00,000/- is being paid through a demand draft bearing No. 624332 dated 24.09.2024 drawn on State Bank of India, Club Road, Amgola Mujfarpur. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./SI Pushpender, P.S. Begumpur 6.

Respondent No. 2, who has joined the proceedings through V.C., has been identified by the IO. Her brother, who is also present in Court, has been identified by the IO. 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, subject to encashment of demand draft of Rs.1 lac paid today. 7.

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

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

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, subject to encashment of demand draft of Rs.1 lac paid today. 10.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J JULY 31, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.