Shivendra Mani Tripathi & ORS. v. Govt Of NCT Of Delhi And ANR

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5104/2024 & CRL.M.A. 19502/2024 SHIVENDRA MANI TRIPATHI & ORS.

.....Petitioners Through:

Mr. Dinesh Lal, Advocate with petitioners in person.

versus GOVT OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Om Parkash PS M.S. Park, Delhi and W/ASI Rakhi.

Ms. Jyotsna Bali and Ms. Shipra Bali, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 08.07.2024 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0367/2022 registered under Sections 498-A/406/34 IPC at P.S. Man Sarovar Park, 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 to 4 are the in-laws of the complainant. 3.

Mr. Nawal Kishore Jha, 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 already been filed. He further states that there is a child out of the wedlock. 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, Karkardooma Court, Delhi on 23.12.2023, a copy whereof has been placed on record. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 11.03.2024 passed by the Family Court, Shahdara, Karkardooma Court, Delhi in HMA No. 376/2024. It is further submitted that all payments have been made by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further stated that as per the clause 9(ix) of the terms of the settlement agreement, the rights of the minor child shall remain unaffected. The petitioner no.1 who is present in court, reiterates the same. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./ SI Om Parkash PS M.S. Park, Delhi and W/ASI Rakhi.

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. 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.

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 JULY 8, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.