Veerpal Singh & ORS. v. The State Of NCT Of Delhi

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5319/2024 & CRL. M.A. 20326/2024 VEERPAL SINGH & ORS.

.....Petitioners Through:

Mr. Soihan Singh Negi, Mr. Sushant Siddharth, Mr. Amreen Qadri and Ms.

Shivangi, Advocates with petitioners in person versus THE STATE OF NCT OF DELHI .....Respondent Through:

Mr. Nawal Kishore Jha, APP for State with SI Puran Singh PS Dabri, Delhi and ASI Rajender Prasad PS Dwarka North, New Delhi.

Ms. Laxmi Mishra and Ms. Preeti Rani, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 15.07.2024 1.

The present petition has been filed seeking quashing of FIR No. 377/2022 registered under Sections 498A/406/34 IPC at P.S. Dabri, 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. 2 (husband) and petitioner Nos. 1 and 3 to 5 are the in-laws of the complainant. 3.

Mr. Nawal Kishore Jha, learned APP for the State submits that petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further submits that the charge-sheet has been filed under the aforesaid Sections.

4.

Learned counsel for the petitioners submits that the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settled their disputes vide Memorandum of Understanding cum Declaration dated 03.04.2024. In terms of the settlement, petitioner No.2 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 17.05.2024 passed by the Family Court-01, SW District, Dwarka Court, New Delhi in HMA No. 1449/2024. It was agreed that a sum of Rs.3,50,000/- as full and final settlement shall be paid by petitioner No. 2 to respondent No. 2. It is further submitted that out of the settlement amount of Rs.3,50,000/-, the balance amount of Rs.1,00,000/- is being paid today through a demand draft bearing number 120445 drawn on SBI, Badarpur, Delhi.

5.

Petitioner No.2, who is present in the Court, states that rights of the minor child, who is in the custody of respondent No.2 shall remain unaffected by the terms of the settlement. The statement is accepted and is taken on record. In acknowledgement of the said statement, petitioner No.2 and his counsel have signed the order sheet.

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 Puran Singh PS Dabri.

7.

Respondent No. 2 states that she has settled her disputes with petitioners out of her own free will, volition and without any coercion. She also submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.1,00,000/- handed over to her today.

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

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 quashed, subject to encashment of aforesaid demand draft of Rs.1 lac. 11.

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

MANOJ KUMAR OHRI, J JULY 15, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.