Kapil Mohan Sharma & ORS. v. The State Govt. Of NCT Of Delhi & ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5995/2023 KAPIL MOHAN SHARMA & ORS.

..... Petitioners Through: Mr. D.K. Singh , Advocate with petitioners in person versus THE STATE GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Hitesh Vali, APP for State with SI Amit Malik with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.01.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.120/2021 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 father-in-law, brother-in-law and sister-in-law of the complainant respectively.

3.

Learned APP for the State submits that the present petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. 4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Settlement Deed dated 30.08.2022 before the Delhi Mediation Centre, Karkardooma Courts, Delhi. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 28.11.2022 passed by the Family Court (Shahdara District), Delhi in HMA No. 1996/2022. As per the terms 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 13/05/2024 at 12:52:00

it was agreed that respondent no. 2 would not at present or in the future claim any amount from the petitioners towards her claims qua maintenance, stridhan, alimony, etc. An affidavit to the effect that rights of the minor children, who are living with the mother/respondent No.2, as available under the law shall remain unaffected by the terms of the settlement, has been filed. A copy of the same is taken on record. 5.

The petitioners and respondent No.2, who are present in the Court have been identified by the Investigating Officer. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the present petitioners.

6.

Respondent No. 2 also 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.

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.

10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J JANUARY 9, 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 13/05/2024 at 12:52:00