Mukul Aggarwal & ORS. v. State NCT Of Delhi And ANR

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2355/2024 & CRL. M.A.22965/2024 MUKUL AGGARWAL & ORS.

.....Petitioners Through:

Mr. Satyam Thareja, Advocate with petitioners in person.

versus STATE NCT OF DELHI AND ANR .....Respondent Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) for the State with SI Shivendra Singh PS Subhash Place, Delhi.

Mr.

Gayatri Puri, Mr.

Madhav Saraswat and Mr. Dheeraj, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 05.08.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 266/2023 registered under Sections 498-A/406/34 IPC at P.S. Subhash Place, North West District, 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 whereas petitioner Nos. 4 are 5 are the brother-in-law and sister-in-law of the complainant. 3.

Mr. Sanjay Lao, learned Standing Counsel (Crl.) appearing for the State submits that in the present case, petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further confirms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that the charge-sheet has been filed in this case. 4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide MoU dated 05.01.2023, a copy whereof has been placed on record. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 28.05.2024 passed by the Family Court, Saket, New Delhi in HMA No. 850/2024. It is further submitted that all payments have been made to the respondent No.2 towards her claims qua maintenance, stridhan, alimony, etc. 5.

Learned counsel for the petitioners, on instructions from the petitioner No.1, submits that petitioner No.1 is ready and willing to state that rights of the minor child, who is in the custody of respondent No.2, as are available to her under the law, shall remain unaffected by the terms of the settlement. The petitioner No.1, who is present in Court, reiterates the same. In acknowledgement of the said statement, petitioner No.1 and his counsel have signed the order sheet.

6.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by I.O./ SI Shivendra Singh PS Subhash Place, Delhi.

7.

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 the entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners. 8.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

9.

The parties shall remain bound by the statements and undertaking made in Court today.

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

10.

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.

11.

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

MANOJ KUMAR OHRI, J AUGUST 5, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.