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High Court of DelhiCRL.M.C./8180/2023

Sachin Kumar & ORS. v. The State Govt. Of NCT Delhi & ANR.

2024-02-28Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8180/2023 SACHIN KUMAR & ORS.

..... Petitioners Through:

Mr. Hakim Khan and Mr. Manoj Kumar, Advocates with petitioners in person.

versus THE STATE GOVT. OF NCT DELHI & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with ASI Pratap Singh PS Nihal Vihar, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 0819/2019 registered under Sections 498A/406/34 IPC at P.S. Nihal Vihar, 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 4 are the in-laws of the complainant. 3.

Mr. Sanjeev Sabharwal, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding (MoU) dated 27.07.2020. In terms of the settlement, the parties have already been granted The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:48:16

divorce by mutual consent vide divorce decree dated 24.03.2021 passed by the Family Court, West, Tis Hazari Court, Delhi in HMA No. 718/2021. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the petitioners.

5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ ASI Pratap Singh PS Nihal Vihar, 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 acknowledges receipt of the entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners. 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.

10.

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

MANOJ KUMAR OHRI, J FEBRUARY 28, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:48:16