Kuldeep Singh & ANR. v. State Government Of NCT Of Delhi & ANR.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2167/2024 & CRL.M.A. 21140/2024 KULDEEP SINGH & ANR.

.....Petitioners Through:

Mr. Kamal Mehta, Advocate versus STATE GOVERNMENT OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel with ASI M. Khan, P.S. Shahadra and SI Jagroshni, P.S. GTB Enclave Mr.Abhinav Kumar Arya, Advocate Mr.Khushbir Singh and Mr. Taranjeet Kaur, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.07.2024 1.

The present petition has been filed seeking quashing of FIR No. 386/2021 registered under Sections 498A/406/34 IPC at P.S. G.T.B. Enclave, Shahdara 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 No. 2 is the mother-in-law of the complainant. 3.

Mr. Sanjay Lao, Standing Counsel for the State, submits that petitioners are the only accused persons and respondent No. 2 is the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complainant/victim. Learned counsel further submits that the charge-sheet has been filed under the aforesaid sections.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Compromise Deed-cum-Settlement Agreement dated 23.02.2024. It is submitted that, petitioner No.1 and respondent No.2 have been granted first motion of divorce by way of mutual consent by Family Court, Shahdara District, Karkardooma Court on 21.03.2024 in Divorce Petition No. 1390/2021. As per the said settlement, it was agreed that a sum of Rs.12,00,000/- as a full and final settlement shall be paid by petitioner No.1 to respondent No. 2. It is submitted that out of the total amount of Rs.12,00,000/-, Rs. 6,00,000 already stands paid and the balance amount of Rs.3,00,000/- is being paid today through a demand draft bearing number 500194 drawn on ICICI, Connaught Place, New Delhi. The remaining balance amount of Rs.

3,00,000/- will be paid at the time of recording of the statement during second motion. Both parties undertake to appear before the Court and also assure of their cooperation in the divorce proceedings pertaining to second motion. Their undertaking is taken on record and the parties are made bound by the same. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by I.O./ SI Jagroshni, P.S. GTB Enclave.

6.

Respondent No. 2 states that she has settled her disputes with the petitioners out of her own free will, volition and without any coercion. Respondent No.2 further submits that she has no objection in case the FIR is quashed against the petitioners subject to the encashment of the demand draft of Rs.3,00,000/- handed over to her today. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 undertakings made in Court today.

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 the aforesaid demand draft of Rs.3,00,000/-.

10.

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

DASTI.

MANOJ KUMAR OHRI, J JULY 22, 2024/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.