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High Court of DelhiCRL.M.C./5888/2024

Divesh Kumar & ORS. v. State Gnct Of Delhi & ANR.

2024-08-01Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5888/2024 and CRL.M.A. 22514/2024 DIVESH KUMAR & ORS.

.....Petitioners Through: Mr. Nirmal Kumar Tiwari, Advocate with petitioners through V.C.

versus STATE GNCT OF DELHI & ANR.

.....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Mahesh Respondent No.2 through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.08.2024 1.

The present petition has been filed seeking quashing of FIR No.260/2023 registered under Sections 498A/406/34 IPC at P.S. Palam Village, New 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 3 are the in-laws of the complainant. 3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent No.2 is the only complainant/victim. He further submits that the charge-sheet in the present case has been filed.

4.

Learned counsel for the petitioners submits that the parties have settled their dispute vide Memorandum of Understanding dated 29.07.2024 and that petitioner No.1 and respondent No.2 have been living together for 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 02/07/2025 at 07:48:04

the last 4 months. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the petitioners. 5.

The petitioners, who have joined the proceedings through V.C., have been identified by their counsel and the Investigating Officer. Respondent No.2, who has also joined the proceedings through V.C., has also been identified by the Investigating Officer. The petitioners assure and undertake that they would not give any reason to the complainant to complain or revive the present petition. The undertaking is accepted, taken on record and they are made bound by the same.

6.

Respondent No.2 states that she has entered into the aforesaid Memorandum of Understanding out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 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 in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

10.

The petition is disposed of in the above terms alongwith the pending application.

MANOJ KUMAR OHRI, J AUGUST 1, 2024/na 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 02/07/2025 at 07:48:04