Hemant Chandela & ORS. v. The State NCT Of Delhi And ANR

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2085/2024, CRL.M.A. 20204/2024 HEMANT CHANDELA & ORS.

.....Petitioners Through:

Mr. R.N. Sharma, Advocate with petitioners in person.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for State alongwith Mr.

Abhinav, Advocate W/SI Chanchal, P.S. Amar Colony.

Mr. Pramod Kumar and Mr. Arjun, Advocates for respondent No.2 with respondent No.2 in person alongwith her brother.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 12.07.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 217/2023 registered under Sections 498-A/406/34 IPC at P.S. Amar 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 to 5 are in-laws 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 charge-sheet has been filed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in the present FIR.

4.

It is submitted that parties have settled their disputes vide Compromise Deed/Agreement dated 29.04.2024. In terms of the settlement, marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 21.05.2024 passed by 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.50,00,000/- 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.30,00,000/- has already been paid and remaining balance amount of Rs.20,00,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 769543 dated 29.05.2024 drawn on Punjab National Bank, Vishnu Garden, New Delhi - 110018. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./W/SI Chanchal, P.S. Amar Colony. 6.

Respondent No. 2, who is present in Court alongwith her brother and counsel, and has also been identified by counsel as well as IO. She 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, subject to encashment of demand draft of Rs.20 lacs handed over to her today. 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.

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

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.20 lacs. 10.

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

MANOJ KUMAR OHRI, J JULY 12, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.