Anubhav Jain And ORS. v. State (NCT Of Delhi) And ANR

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANUBHAV JAIN AND ORS.

.....Petitioners Through:

Mr. Vijay Rajoura and Mr. Harsh Chouhan, Advocates along with Petitioners in person.

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

Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agrawal, Advocate.

Mr. Yash Chawla (D/1409/2015), Ms.

Sanjeevani Mittal Jain, Advocates for R-2 along with Respondent No.2/complainant in person.

SI Neeraj, PS Subzi Mandi.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 31.07.2024 CRL.M.A. 22434/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed by the Petitioners for quashing FIR No.627/2021 dated 16.11.2021, registered at Police Station Subji Mandi for offences punishable under Sections 498A/406/34 IPC. The present FIR is the outcome of a matrimonial dispute between the parties.

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

2.

The Respondent No.2 is the Complainant and the Petitioner No.1 is the husband of the Complainant.

3.

The principal ground on which the present petition has been filed is that the parties have entered into a settlement. It is stated in the petition that in terms of the settlement, the parties had filed a petition for divorce by mutual consent before the Ld. Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi and by a Judgment and Decree dated 23.04.2024, the marriage between the complainant/Respondent No.2 and the Petitioner No.1/husband stands dissolved. It is further stated in the petition that under the settlement, the Petitioner No.1/husband has agreed to pay a sum of Rs.20,00,000/- to the complainant/Respondent No.2 towards the full and final settlement of all her claims in the following manner: a. A sum of Rs.6,00,000/- was to be paid at the time of recording of statement of the parties in the First Motion. b. A sum of Rs.6,00,000/- was to be paid at the time of recording of statement of the parties in the Second Motion. c. A sum of Rs.8,00,000/- was to be paid at the time of quashing of the FIR.

4.

The Respondent No.2/complainant, who is present in Court today, states that she has received the entire amount of Rs.20,00,000/- from Petitioner No.1/husband.

5.

Today, the parties are present in Court today. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/complainant has been identified by her Counsel and the Investigating Officer. The Complainant/Respondent No.2 states that she has settled all her matrimonial disputes with the Petitioners out of her own free The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and request that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement and proceedings recorded before this Court.

6.

The Parties, who are present in Court, understand the implication of the present proceedings. In view of the settlement arrived at between the parties, this Court is satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.627/2021 dated 16.11.2021, registered at Police Station Subji Mandi for offences punishable under Sections 498A/406/34 IPC and the proceedings emanating therefrom are hereby quashed.

7.

The petition stands disposed of in above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J JULY 31, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.