Dhirender Kumar Arora ORS. v. Thestate NCT Of Delhi And ANR

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5255/2024 DHIRENDER KUMAR ARORA ORS.

.....Petitioners Through:

Mr. Harmeet Singh, Advocate with petitioners in person.

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

Mr. Nawal Kishore Jha, APP for State with SI Kavish, P.S. Inderpuri.

Mr. Saurabh Balwani and Mr. Chirag Rathor, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 11.07.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 021/2022 registered under Sections 498-A/406/34 IPC at P.S. Inder Puri 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 5 are in-laws of the complainant. 3.

Mr. 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.

4.

It is submitted that parties have settled their disputes before the Counselling Cell, Family Court, New Delhi on 27.07.2023. In terms of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settlement, marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 28.11.2023 passed by Principal Judge, Family Court, West, Tis Hazari Court, Delhi. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.1,29,00,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.1,02,50,000/- has already been paid and remaining balance amount of Rs.26,50,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 263769 dated 10.07.2024 drawn on Axis Bank Ltd., Kirti Nagar. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./SI Kavish, P.S. Inderpuri.

6.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 out 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. She however submits that the demand draft of Rs.26.50 lacs, handed over to her today, is torn.

7.

At this stage, petitioner No.1 undertakes that in case the said demand draft is not encashed on account of being torn, he shall replace the same within one week thereafter.

8.

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

9.

The parties shall remain bound by the statements and undertaking made in Court today.

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

10.

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.26.50 lacs. It is also directed that in case the said demand draft is not encashed, the respondent No.2 shall be at liberty to move an application. 11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J JULY 11, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.