Mr. Saurabh Kohli & ANR. v. State NCT Of Delhi And ANR
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4344/2024 MR. SAURABH KOHLI & ANR.
.....Petitioners Through: Mr.Vikas Kumar, Advocate with petitioners in person versus STATE NCT OF DELHI AND ANR .....Respondent Through: Mr.Sanjeev Sabharwal, APP for State with SI Rajiv Ranjan Mr.Nagender Kr. and Ms.Nishi, Advocates for respondent No.2 with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 06.08.2024 1.
The present petition has been filed seeking quashing of FIR No.26/2018 registered under Sections 498A/406/354/34 IPC at P.S. Mayapuri 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.
Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. 4.
Learned counsels for the parties submit that the parties have settled their dispute on 08.01.2020 before Family Courts, Tis Hazari Courts, West Distt, Delhi. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 06.04.2023 passed by learned Judge, Family Court, Tis Hazari Courts, Delhi in HMA No.813/2023. It is further submitted that out of the settlement 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 13/08/2024 at 11:39:18
amount, the balance amount of Rs.1,00,000/- is being paid today through a demand draft bearing No.005678 dated 05.08.2024 drawn on HDFC Bank. 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. Learned counsel for respondent No.2 submits that he has also filed his Vakalatnama.
6.
Respondent No.2 states that she has entered into the aforesaid settlement with 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 handed over to her today.
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.
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 AUGUST 6, 2024 na 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 13/08/2024 at 11:39:18