Nitin Jain And ORS v. The State Govt. Of NCT Of Delhi And ANR.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8747/2023 NITIN JAIN AND ORS ..... Petitioners Through:

Ms. Shalu Kumari, Advocate with petitioners in person.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with Insp. Satbir Singh, P.S. Subzi Mandi.

Respondent No.2 along with her counsel.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 08.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 436/2015 registered under Sections 498-A/406/34 IPC at P.S. Sabzi Mandi, 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 to 4 in-laws of the complainant. 3.

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

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

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding dated 11.01.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 16.09.2023 passed by the Family Court, Central, Tis Hazari Court, Delhi in HMA No. 1559/23. It was agreed that a sum of Rs.2,00,000/- 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, a sum of Rs.1,25,000/- has already been paid and remaining balance amount of Rs.75,000/- is being paid today through a demand draft no. 681588 dated 18.11.2023 drawn on State Bank of India, Tundla Branch. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by the I.O. 6.

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 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.75,000/- handed over to her today. 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, subject to encashment of aforesaid demand draft of Rs.75,000/-. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J FEBRUARY 8, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.