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High Court of DelhiCRL.M.C./8684/2023

Mohit Pal & ORS. v. The State(Govt Of NCT Of Delhi) & ANR.

2024-02-09Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8684/2023 MOHIT PAL & ORS.

..... Petitioners Through: Mr. Ravi Partap Singh Bhatti, Advocate with petitioners in person versus THE STATE(GOVT OF NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Amit Beniwal Respondent No.2 through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.02.2024 CRL.M.A. 32453/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 8684/2023 and CRL.M.A. 4241/2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.840/2015 registered under Sections 498A/406/34 IPC at P.S. Vivek 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) whereas petitioner Nos. 2 to 4 are the in-laws of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

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

Learned counsel for the petitioners submits that the parties have settled their dispute on 06.03.2019 before Delhi Mediation Centre, Karkardooma Courts, Delhi. It is further stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 28.07.2020 passed by the Family Court, Karkardooma Courts, Delhi in HMA No.1014/2019. It was agreed that a sum of Rs.5,00,000/- would be paid as full and final settlement by petitioner No.1 to respondent No. 2. It is further stated that the entire settlement amount has already been paid. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners. An affidavit stating that rights of the minor child shall remain unaffected by the terms of the settlement has been placed on record.

5.

The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer. Respondent No.2, who has also joined the proceedings through V.C., is identified by the Investigating Officer.

6.

Respondent No. 2 acknowledges receipt of the entire settlement amount and states that she has entered into the aforesaid Mediation 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.

10.

The petition is disposed of in the above terms alongwith the pending application.

MANOJ KUMAR OHRI, J FEBRUARY 9, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.