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High Court of DelhiCRL.M.C./4890/2024

Ankit And Others v. The State NCT Of Delhi And ANR

2024-07-01Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4890/2024 & CRL. M.As. 18665-66/2024 ANKIT AND OTHERS ..... Petitioners Through:

Mr. Manoj Kumar Singh, Advocate with petitioners in person.

versus THE STATE NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Kapil Singh PS Timarpur, Delhi.

Mr. Ratnesh Rajmurti, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.07.2024 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 312/2021 registered under Sections 498-A/406/34 IPC at P.S. Timarpur, 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 are mother-in-law and sister-in-law of the complainant/respondent No.2.

3.

Mr. Sanjeev Sabharwal, APP for State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further states that the charge-sheet has already been filed.

4.

Learned counsel for the petitioners submits that 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.

settled their disputes before the Delhi Mediation Centre, Tis Hazari Courts, on 31.07.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 05.12.2023 passed by the Family Court, Central, Tis Hazari Court, Delhi in HMA No. 2039/2023. It was agreed that a sum of Rs.1,80,000/- 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.1,80,000/-, remaining balance amount of Rs.60,000/- is being paid today through a demand draft bearing number 534604 drawn on Punjab National Bank, G.T. Road, Panipat, Haryana a photocopy of which has been placed on record. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their counsel.

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.60,000/- 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 aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of aforesaid demand draft of Rs.60,000/-. 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 applications.

MANOJ KUMAR OHRI, J JULY 1, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.