Prem Narayan Vishwakarma & ORS. v. State NCT Of Delhi & ANR.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4711/2024, CRL.M.A. 17604/2024 PREM NARAYAN VISHWAKARMA & ORS. ..... Petitioners Through:

Ms. Kanaklata Tripathi, Mr. Tarun Narang and Mr. Anand K. Dwivedi, Advocates with petitioners in person.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Karambir Singh, P.S. Aman Vihar.

Mr. Raj Mani Mishra, Mr. Shivam Singh and Ms. Bhawna Kaushik, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 31.05.2024

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. 1130/2022 registered under Sections 498-A/406/34 IPC at P.S. Aman 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 Vijay Kumar Vishwakarma, who has since expired on 15.06.2022 and the petitioners are in-laws of the complainant.

3.

Learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No.

is the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding dated 13.05.2024, a copy of which has been placed on record. In terms of the settlement, the petitioners have paid the balance amount of Rs.2 lacs to the respondent No.2 today in Court through a demand draft bearing No. 427353 dated 27.05.2024 drawn on Bank of Baroda, a copy of which has been handed over and taken on record. Petitioners have also handed over one gold ring and a pair of gold earrings to the respondent No.2.

5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./SI Karambir Singh, P.S. Aman Vihar.

6.

Respondent No. 2 states that she has settled her disputes with petitioners of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and one gold ring and gold earrings and submits that she has no objection in case the FIR is quashed against the petitioners, subject to encashment of demand draft of Rs.2 lacs given to her today in Court.

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, subject to encashment of aforesaid demand draft of Rs.2 lacs. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J MAY 31, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.