Vidush Sharma & ANR. v. State & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7099/2023, CRL.M.A. 26483/2023 VIDUSH SHARMA & ANR.

..... Petitioners Through:

Ms. Shivani Kalra, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Vinit Kumar, P.S. Punjabi Bagh.

Respondent No.2 in person through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 15.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No.55/2021 registered under Sections 498A/406/34 IPC at P.S. Punjabi Bagh, 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 whereas petitioner No. 2 is mother-in-law of the complainant.

3.

Mr. 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.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Mutual Settlement/Memorandum of Understanding dated 29.08.2021. In terms of the settlement, petitioner No.1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:41:38

and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 01.06.2022 passed by the Family Court, West District, Tis Hazari Court, Delhi in 1155/2022. It was agreed that a sum of Rs.12,50,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No.2. It is further submitted that entire settled amount has already been paid to the respondent No.2.

5.

Petitioners, who are present in Court, have been identified by their counsel as well as by the I.O./SI Vinit Kumar, P.S. Punjabi Bagh. Respondent No.2, who is also present in Court, has been identified by the I.O.

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. 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.

10.

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

MANOJ KUMAR OHRI, J FEBRUARY 15, 2024/ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:41:38