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High Court of DelhiCRL.M.C./8571/2023

Sachin Garg & ORS. v. State & ORS.

2024-01-24Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8571/2023 SACHIN GARG & ORS.

..... Petitioners Through: Mr.Vipul Jain, Mr.Dinesh K. Malhotra and Mr.D. Chaudhary, Advocates with petitioners in person versus STATE & ORS.

..... Respondents Through: Mr.Ashneet Singh, APP for State with SI Sonu Kumar Ms.Reena Saini and Mr.S.S. Lathi, Advocates for respondent No.2 with respondent No.2 in person Mr.Amit Garg, Advocate

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.01.2024 CRL.M.A. 32005/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 8571/2023 1.

By way of present petition filed under Section 482 Cr.P.C., petitioners seek quashing of FIR No.205/2018 registered under Sections 498A/406 IPC at P.S. Shahdara, Delhi on the ground that the parties have amicably settled their disputes.

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

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 6 are the in-laws of the complainant. 3.

Learned APP for the State submits that petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. 4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Compromise Deed/MoU/Letter of Settlement dated 14.09.2022. It is further stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 03.02.2023 passed by the Family Court, Shahdara, Karkardooma Courts, Delhi in HMA No.93/2023. As per the terms, it was agreed that a sum of Rs.4,50,000/- would be paid as full and final settlement by petitioner No.1 to respondent No. 2. It is stated that an amount of Rs.2,50,000/- has already been paid and the remaining Rs.2,00,000/- is being paid today through demand draft bearing No. 015951 dated 21.11.2023 drawn on Axis Bank Ltd. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the present petitioners. 5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6.

Respondent No.2 states that she has entered into the aforesaid Compromise Deed/MoU/Letter of Settlement with 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 counsels for the parties submit that no other proceedings are pending 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.

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 subject to encashment of the demand draft. 10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J JANUARY 24, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.