Mr. Gaurav Mishra & ORS. v. The State (NCT Of Delhi) & ANR.
$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5185/2024 MR. GAURAV MISHRA & ORS.
.....Petitioners Through: Mr.Avtar Singh and Mr.Arjun D., Advocates with petitioners in person versus THE STATE (NCT OF DELHI) & ANR.
.....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Sumit Kumar Mr.Nawruti Ojha, Advocate for complainant for respondent No.2 with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 09.07.2024 CRL.M.A. 19802/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
CRL.M.C. 5185/2024 1.
By way of present petition, the petitioners seek quashing of FIR No.570/2021 registered under Sections 498A/406/34 IPC at P.S. Dwarka North, 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) whereas petitioner Nos.2 to 4 are the in-laws of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. It is further submitted that chargesheet has been filed in the present case wherein Sections 354/354A/354B have also been added.
4.
Learned counsels for the parties submit that the parties have settled their dispute vide Settlement Agreement dated 23.04.2024 arrived at before Samadhan, Delhi High Court Mediation and Conciliation Centre. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 07.06.2024 passed by Family Court, Dwarka Courts, Delhi in HMA No.1735/2024. It is further submitted that out of the settlement amount, the balance amount of Rs.10,00,000/- is being paid today through a demand draft bearing No.000198 dated 02.07.2024 drawn on HDFC Bank. In terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioners.
5.
The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.
6.
Respondent No.2 states that she has entered into the aforesaid Settlement Agreement out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft.
7.
Learned counsels for the parties submit 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 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 the aforesaid demand draft. 10.
The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J JULY 9, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.