Anil Rawat & ORS. v. State NCT Of Delhi And ANR
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4487/2024 & CRL. MA 16956/2024 ANIL RAWAT & ORS.
..... Petitioners Through:
Mr. Mohit Kumar, Advocate with petitioners in person.
versus STATE NCT OF DELHI AND ANR ..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Aman Kumar PS Lodhi Colony, New Delhi.
Mr. Dilip Kumar Rana and Mr. Sumit Panwar, Advocates for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 29.05.2024
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. 195/2021 registered under Sections 498-A/406/34 IPC at P.S. Lodhi Colony, New 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 and 3 the in-laws 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.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes before the Mediation Cell on 21.12.2022, a copy The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
whereof has been placed on record. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 13.09.2023 passed by the Family Court, Saket Court, New Delhi in HMA No. 2871/2023. It was agreed that a sum of Rs.7,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount of Rs.7,00,000/-, remaining balance amount of Rs.2,00,000/- is being paid today through a demand draft bearing 540352 Drawn on IDFC First Bank. It is further informed that the present petition carries an averment to the effect that the rights of the minor child shall remain unaffected by the terms of the settlement. This statement of the petitioner is taken on record and the parties are made bound by the same. 5.
Petitioners and respondent No.2, who are present in Court have been identified by their counsel as well as by I.O./ SI Aman Kumar PS Lodhi Colony, New Delhi.
6.
Respondent No.2 states that she has settled her disputes with petitioner No.1 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 the demand draft of Rs.2,00,000/- handed over to her today. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of aforesaid demand draft of Rs.2 lac. 10.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J MAY 29, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.