Vaibhav Goel & ORS. v. State (NCT Of Delhi) And ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5938/2023 VAIBHAV GOEL & ORS.

..... Petitioners Through:

Mr. Tarundeep Bharti, Mr. Sachin Singh and Mr. Vishesh Verma, Advocates with petitioners in person.

versus STATE (NCT OF DELHI) AND ANR ..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Rahul PS Vivek Vihar, Delhi.

Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 21.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 255/2019 registered under Sections 498A/406/34 IPC at P.S. Vivek Vihar, 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 4 are the in-laws of the complainant. 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 states that there is a child born out of the wedlock.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Settlement Deed dated 26.02.2021. In terms of the settlement, petitioner No.1 and respondent No.20 have already been granted 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 28/02/2024 at 11:20:24

divorce by mutual consent vide divorce decree dated 08.04.2022 passed by the Family Court, Karkardooma Court, Delhi in HMA No. 160/2022. In terms of the settlement, respondent No.2 is left with no claim or grievance against the petitioners. It is further stated that petitioner No.1 has filed an affidavit stating therein that the rights of the child shall remain unaffected by the terms of the settlement.

5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Rahul PS Vivek Vihar, Delhi. Respondent No.2, who is also present in Court, is identified by the I.O. 6.

Respondent No. 2, states that she has settled her disputes with the petitioners of her own free will, volition and without any coercion. She also 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 FEBRUARY 21, 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 28/02/2024 at 11:20:24