Sachin Kumar & ORS. v. State Of NCT Of Delhi & ANR.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6181/2024 SACHIN KUMAR & ORS.

.....Petitioners Through:

Mr. Manish Kumar and Mr. Ravi Sharma, Advocates with petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Pankaj Kumar, P.S. Jyoti Nagar.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 09.08.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0324/2021 registered under Sections 498-A/406/34 IPC at P.S. Jyoti Nagar, 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 5 are 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. He, on instructions, submits that charge-sheet has been filed in the present FIR.

4.

Learned counsel for the petitioners submits that the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settled their disputes before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 02.08.2022. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 10.07.2023 passed by the Family Court, Shahdara District, Karkardooma Court, Delhi in HMA No. 910/23. It was agreed that a sum of Rs.6,00,000/-, 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 total settled amount, a sum of Rs.5,00,000/- has already been paid and remaining balance amount of Rs.1,00,000/- is being paid today through one demand draft bearing No. 451404 dated 10.07.2024 drawn on PNB, Yamuna Vihar, Delhi - 110053. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./SI Pankaj Kumar, P.S. Jyoti Nagar. 6.

Respondent No. 2 is also present in Court and has been identified by the IO. She 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 demand draft of Rs.1 lac given to her today in Court. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed, subject to encashment of aforesaid demand draft of Rs.1 lac. 10.

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

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