Sandeep Kumar & ORS. v. The State (NCT Of Delhi) & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4800/2024 SANDEEP KUMAR & ORS.

..... Petitioners Through: Mr.Abhijeet Singh, Mr.Vaibhav and Mr.Nikhil, Advocates with petitioners in person versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Yashpal Singh Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.05.2024 CRL.M.A. 17960/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 4800/2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.55/2018 registered under Sections 498A/406/34 IPC at P.S. Crime (Women) Cell Nanakpura, 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) whereas petitioner Nos.2 to 4 are the in-laws of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

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

Learned counsel for the petitioners submit that the parties have settled their dispute vide Memorandum of Understanding dated 26.11.2019. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 25.02.2020 passed by Family Court, Patiala House Courts, New Delhi in HMA No.164/2020. It is further submitted that out of the settlement amount, the balance amount of Rs.2,00,000/- is being paid today through a demand draft bearing No.363324 dated 30.05.2024 drawn on Punjab National Bank. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.

5.

The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer. Respondent No.2, who is present in the Court, has been identified by the Investigating Officer. 6.

Respondent No.2 states that she has entered into the aforesaid Memorandum of Understanding out of 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 subject to encashment of the aforesaid demand draft.

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 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 the aforesaid demand draft. 10.

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