Viney Dahiya & ORS. v. State Through Sho Ps Jaffarpur Kalan & ANR.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8585/2023, CRL.M.A. 32044/2023 VINEY DAHIYA & ORS.

..... Petitioners Through:

Mr. Sunil Kumar Verma, Advocate with petitioners in person.

versus STATE THROUGH SHO PS JAFFARPUR KALAN & ANR.

..... Respondents Through:

Ms. Shubhi Gupta, APP for State with SI Sunita, DPA and SI Shubham, P.S.

Jaffarpur Kalan.

Mr. Gaurav Raghav, Mr. Himanshu Bhardwaj and Ms.

Bhawana, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 11.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0091/2018 registered under Sections 498-A/406/34 IPC at P.S. Jaffarpur Kalan, 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 parents-in-law of the complainant. 3.

Ms. Gupta, learned APP for the State submits that in the present case petitioners are the only accused persons and 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 vide Memorandum of Understanding dated 05.06.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 23.09.2023 passed by the Family Court, South West District, Dwarka, Delhi in HMA No. 2944/2023. It was agreed that a sum of Rs.20,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount, Rs.15,00,000/- has already been paid and remaining balance amount of Rs.5,00,000/- 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 Sunita, DPA and SI Shubham, P.S. Jaffarpur Kalan.

6.

Respondent No. 2 states that she has settled her disputes with petitioners 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 subject to encashment of the demand draft of Rs.5,00,000/- handed over to her today. An affidavit of respondent No.2 has also been placed on the record. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.5 lacs. 10.

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

MANOJ KUMAR OHRI, J JANUARY 11, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.