Bhopal Singh v. State & ANR.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6274/2023 BHOPAL SINGH ..... Petitioner Through:

Mr. Sagar Sehrawat, Advocate with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Aashneet Singh, APP for State with SI Kartar Singh, P.S. Uttam Nagar.

Respondent No.2 in person through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 462/2018 registered under Sections 498-A/406 IPC at P.S. Uttam Nagar, 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 (husband). 3.

Mr. Singh, learned APP for the State submits that in the present case petitioner is the only accused and respondent No. 2 is the complainant/victim.

4.

Learned counsel for the petitioner submits that the parties have settled their disputes before the Counselling Cell, Family Courts, Dwarka Court, New Delhi on 04.02.2019. In terms of the settlement, the parties have 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 16/12/2024 at 14:26:53

already been granted divorce by mutual consent vide divorce decree dated 07.04.2021 passed by the Family Court, South West District, Dwarka, New Delhi in HMA No. 834/2021. It is further submitted that there are two children out of the wedlock and their rights of the same shall remain unaffected by the terms of the settlement. An affidavit in this regard has also been placed on record.

5.

Petitioner, who is present in Court, has been identified by his counsel as well as by I.O./SI Kartar Singh, P.S. Uttam Nagar. 6.

Respondent No. 2, who has joined the proceedings through V.C. and identified by the I.O., states that she has settled her disputes with the petitioner 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.

7.

Learned counsel for the petitioner, on instructions, submits that terms of the settlement have already been complied with and 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. MANOJ KUMAR OHRI, J FEBRUARY 7, 2024 ga 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 16/12/2024 at 14:26:53