Pankaj Sharma @ Praveen & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1829/2024 PANKAJ SHARMA @ PRAVEEN & ORS.

..... Petitioners Through: Mr. Uma Shankar, Advocate with petitioners in person versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr.Abhinav Kumar Arya and Mr.Shivesh Kaushik, Advocates for State with SI Pankaj Kumar Counsel for respondent No.2 (appearance not given) with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.05.2024 CRL.M.A. 17807/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 1829/2024 1.

By way of present petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioners seek quashing of FIR No.442/2020 registered under Sections 498A/406/34 IPC at P.S. Jyoti Nagar, Delhi on the ground that the parties have amicably settled their disputes.

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

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 5 are the in-laws of the complainant. 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 counsels for the parties submit that the parties have settled their dispute vide Settlement Deed dated 27.07.2023. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 12.01.2024 passed by Family Court, Karkardooma Courts, Delhi in HMA No.2362/2023. It is further submitted that out of the settlement amount, the balance amount of Rs.2,50,000/- is being paid today through a demand draft bearing No.636965 dated 18.05.2024 drawn on State Bank of India. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.

5.

Petitioner No.1, who is present in Court, states that the rights of the minor child, who is in the custody of respondent No.2, shall remain unaffected by the terms of the settlement. In acknowledgement of the said statement, petitioner No.1 and his counsel have signed the order sheet. 6.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

7.

Respondent No.2 states that she has entered into the aforesaid Settlement Deed 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings are quashed subject to encashment of the aforesaid demand draft.

8.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

9.

The parties shall remain bound by the statements made in Court today.

10.

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 the aforesaid demand draft. 11.

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.