Puneet Suri & ORS. v. State Of NCT Of Delhi & ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5135/2024 & CRL.M.A. 19579/2024 PUNEET SURI & ORS.

.....Petitioners Through:

Mr. Alok Sinha and Ms. Shilpa Sinha, Advocates (M:9811969215) with petitioners in person.

versus STATE OF NCT OF DELHI & ANR .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with WSI Babita PS Seema Puri, Delhi.

Mr. Manish Srivastava, Advocate (M:8826246439) for respondent No.2 with respondent No.2 in person.

Mr. Manish Srivastava, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 08.07.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 101/2021 registered under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act at P.S. Seema Puri, 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 further submits that the charge-sheet has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

filed. He states that there is a child Vir out of the wedlock. 4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Mediation Centre, Karkardooma Courts, Delhi on 22.09.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 14.02.2024 passed by the Family Court, Karkardooma Court, Delhi in HMA No. 300/2024. It was agreed that a sum of Rs.15,00,000/- 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.15,00,000/-, remaining balance amount of Rs.5,00,000/- is being paid today through a demand draft bearing number 028437 drawn on HDFC Bank, Vikaspuri, C-Block, Delhi. Learned counsel for the petitioners further states that as per paragraph 9 (ix) of the mediation agreement, the rights of the minor child shall remain unaffected by the terms of the aforesaid settlement. Petitioner, 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./ WSI Babita PS Seema Puri, Delhi.

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.5,00,000/- handed over to her today. 7.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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

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. 5 lacs. 10.

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

DASTI.

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.