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High Court of DelhiCRL.M.C./8557/2023

Manoj Gupta @ Manoj Kumar & ANR. v. The State NCT Of Delhi And ORS.

2024-02-21Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8557/2023 & CRL.M.A. 31955/2023 MANOJ GUPTA @ MANOJ KUMAR & ANR ..... Petitioners Through:

Mr. M.K. Singh, Advocate with petitioners in person.

versus THE STATE NCT OF DELHI AND ORS.

..... Respondents Through:

Mr. Satish Kumar, APP for State with SI Sartaj Khan PS Karawal Nagar, Delhi.

Respondent No.2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 21.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 49/2020 registered under Sections 498-A/406/34 IPC and 4 of Dowry Prohibition Act at P.S. Karawal Nagar, 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 No. 2 is brother-in-law of the complainant. 3.

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

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding dated 09.07.2020. 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 28/02/2024 at 11:17:18

In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 01.02.2024 passed by the Family Court, North East District, Karkardooma Court, Delhi in HMA No. 105/2024. The photocopy of decree of divorce has been handed over today n in Court which is taken on record.

5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Sartaj Khan PS Karawal Nagar, Delhi. 6.

Respondent No. 2, who is also present in Court and identified by the I.O., 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 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 21, 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 28/02/2024 at 11:17:18