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High Court of DelhiCRL.M.C./8488/2023

Rajbir@ Rajveer Rawal & ORS. v. State (NCT Of Delhi) & ANR.

2024-02-02Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8488/2023, CRL.M.A. 31692/2023 RAJBIR@ RAJVEER RAWAL & ORS.

..... Petitioners Through:

Mr. Rajesh Kumar Singh, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Deepak, P.S. Anand Vihar.

Mr. Vipin Kumar Sharma, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 494/2015 registered under Sections 498-A/406/34 IPC at P.S. Anand 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) and petitioner Nos. 2 and 3 are mother-in-law and sister-in-law of the complainant respectively.

3.

Mr. Sabharwal, learned APP for the State submits that in the present case apart from the petitioners, one Likhi Ram was also one of the four accused who has since expired and his death certificate has also been placed on record. He further submits that respondent No. 2 is the only The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 03.02.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 23.08.2023 passed by the Family Court, Shahdara, Karkardooma Courts, Delhi in HMA No. 1640/2023. It was agreed that a sum of Rs.7,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 along with one car make "Alto" bearing registration no. DL13CA8146 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.5,00,000/-, has already been paid and remaining balance amount of Rs.2,00,000/- is being paid today through a demand draft, a photocopy of which has been placed on record.

5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./SI Deepak, P.S. Anand Vihar.

6.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount alongwith aforementioned car and submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.2,00,000/- handed over to her today.

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

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.2 lacs. 10.

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

MANOJ KUMAR OHRI, J FEBRUARY 2, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.