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High Court of DelhiW.P.(CRL)/2065/2024

Kapil Panwar & ORS. v. State Of NCT Of Delhi & ANR. & ORS.

2024-07-11Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2065/2024, CRL.M.A.

20030/2024, CRL.M.A.

20031/2024 KAPIL PANWAR & ORS.

.....Petitioners Through:

Mr. Saurabh Pandey and Mr. Gaurav Gulati, Advocates with petitioners in person.

versus STATE OF NCT OF DELHI & ANR. & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel with SI Nirankar, P.S. Defence Colony.

Mr. Manoj Sharma and Ms. Sareeka Sharma, 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. 0048/2023 registered under Sections 498-A/406/34 IPC at P.S. Defence Colony 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 and 3 who are parents-in-law of the complainant. 3.

Mr. Lao, learned Standing Counsel 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 investigation is pending in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the present FIR.

4.

It is submitted that parties have settled their disputes before the Delhi Mediation Centre on 01.11.2022. In terms of the settlement, marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 05.03.2024 passed by Family Court, South District, Saket Court, New Delhi. As agreed between the parties, petitioner No.1 has paid a sum of Rs.14,00,000/-, as full and final settlement, to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. 5.

Learned counsel for the petitioners has drawn the attention of this Court to the affidavit filed on behalf of petitioner No.1 wherein in para 4, it is stated that rights of minor child, who is in the custody of respondent No.2, shall remain unaffected by the terms of the settlement. 6.

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

7.

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. 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.

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

quashed.

11.

With the above directions, the petition is disposed of alongwith pending applications.

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.