Ram Lakhan & ORS. v. State Govt. Of NCT Of Delhi) And ANR.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7968/2023 RAM LAKHAN & ORS.

.....Petitioners Through:

Mr. Nand Kishor, Advocate with petitioners in person.

versus STATE GOVT. OF NCT OF DELHI) AND ANR. .....Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with ASI Om Prakash Meena, PS Sarai Rohilla.

Ms. Indu Rani, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 20.09.2024

O R D E R

CRL.M.A. 29742/2023 (Condonation of delay of 71 days in refilling the present petition) 1.

By way of present application, the petitioners seek condonation of delay of 71 days in refilling the present petition. 2.

For the reasons stated in the application, the application is allowed and the delay is condoned.

3.

Application is disposed of.

CRL.M.C. 7968/2023 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0204/2017 registered under Sections 498-A/406/34 IPC at P.S. Sarai Rohilla, Delhi on the ground that the parties have amicably 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.

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 & 3 are in-laws of the complainant. 3.

Mr. Sabharwal, learned APP for the State submits that in the present case petitioners are the only accused persons against whom the chargesheet has been filed and respondent No. 2 is the complainant/victim. Learned APP further states, on instructions, that one child was born out of the wedlock. 4.

Learned counsel for the petitioners submits that the parties have settled their disputes on 20.09.2019. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 18.04.2022 passed by learned Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi in HMA No. 277/2022. In terms of the settlement, it was agreed that a sum of Rs.2,70,000/-, shall be paid by petitioner No. 1 to respondent No. 2 as full and final settlement, towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount, a sum of Rs.1,35,000/- has already been paid and the remaining balance amount of Rs.1,35,000/- is being paid today through one demand draft of Rs.1,35,000/-, bearing No. 723316, dated 18.09.

2024, drawn on State Bank of India, Keserganj, U.P. Petitioner No.1, who is present in Court, undertakes that the rights of the minor child, who is in custody of respondent No.2, shall remain unaffected in any manner by the terms of the settlement dated 20.09.2019. In acknowledgement of his statement made today in Court, petitioner No.1 as well as his counsel have signed the present order sheet. 5.

Petitioners and respondent No.2, who are present in Court, have been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

identified by their respective counsel as well as by I.O./ASI Om Prakash Meena, P.S. Sarai Rohilla, Delhi.

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 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.1,35,000/- given to her today in Court. 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.

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.1,35,000/-. 10.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J SEPTEMBER 20, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.