Vinay Khandelwal & ORS. v. The State (NCT) Of Delhi & ANR.
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7711/2023 VINAY KHANDELWAL & ORS.
.... Petitioners Through:
Mr. Avadesh Kumar, Advocate with petitioners in person.
versus THE STATE (NCT) OF DELHI & ANR ..... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with ASI Sheonarain and Inspector Vinit Malik PS Anand Parbat, Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 11.03.2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.90/2018 registered under Sections 498A/406/34 IPC at P.S. Anand Parbat, 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 7 are the in-laws of the complainant. 3.
Mr. Sanjeev Sabharwal, learned APP for the State submits that petitioners are the only accused persons and respondent No. 2 is the complainant/victim. It is stated that there is child out of the wedlock. 4.
Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Tis Hazari, Delhi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
on 20.12.2021. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 23.02.2023 passed by the Family Court, Tis Hazari Court, Delhi in HMA No. 610/2023. It was agreed that a sum of Rs.9,00,000/- would be paid as full and final settlement by petitioner No.1 to respondent No. 2. Out of the settlement amount of Rs.9,00,000/-, the balance amount of Rs.2,00,000/- is being paid today through a demand draft bearing number 502113 drawn on Canara Bank, Shastri Nagar, Delhi-110052. Learned counsel for the petitioners submits that affidavit in terms of the decision of the Supreme Court in Ganesh v. Sudhirkumar Shrivastava and Others reported as 2019 SCC OnLine SC 1107 has been filed and a copy of the same has been handed over in Court. The same is taken on record.
5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ ASI Sheonarain and Inspector Vinit Malik PS Anand Parbat, Delhi. Respondent No.2, who is also present in Court, has been identified by the I.O.
6.
Respondent No. 2 states that she has settled her disputes with the petitioners 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.2,00,000/- handed over 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 made in Court today.
9.
In view of the above facts and since no useful purpose will be served The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.2 lac. 10.
With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MARCH 11, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.