Manish Agrawal & ANR. v. The State Of N.C.T. Of Delhi & ANR.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6950/2023 & CRL. M.A.25946/2023 MANISH AGRAWAL & ANR .....Petitioners Through:

Mr. Yogendra Kumar Verma and Mr.

Vijendra Kumar Verma, Advocates.

versus THE STATE OF N.C.T. OF DELHI & ANR .....Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Roshni Sharma PS Nanakpur, New Delhi.

Mr. Vineet Aggarwal, Mr. Kunal, Mr.

Jatin Kumar, Mr. Suresh Chand Aggarwal and Ms. Bhavya Aggarwal, Advocates for respondent no.2

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 11.09.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 143/2015 registered under Sections 498-A/406/34 IPC at P.S. CWC, 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) and petitioner No. 2 is the mother-in-law of the complainant/respondent No.2. 3.

Mr. Sanjeev Sabharwal, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He submits that the charge-sheet has been filed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Counselling Cell, East District, Karkardooma Court, Delhi on 26.09.2019. It is stated that the parties have already been granted divorce by Family Court, Karkardooma Courts, East District, Delhi on 10.07.2024 in HMA 1121/2024. It was also agreed that a sum of Rs. 11,70,000/- 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.11,70,000/-, remaining balance amount of Rs.3,00,000/- is being paid today through a demand draft bearing number 555804 dated 07.09.2024 drawn on State Bank of India having its branch at Saket. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./SI Roshni Sharma PS Nanakpur, New Delhi.

6.

Respondent No. 2 states that she has settled her disputes with the petitioners 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.3,00,000/- 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed, subject to encashment of aforesaid demand draft of Rs.3 lac. 10.

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

MANOJ KUMAR OHRI, J SEPTEMBER 11, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.