Neeraj Singh Chauhan & ORS. v. The State & ANR.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8884/2023 NEERAJ SINGH CHAUHAN & ORS.

..... Petitioners Through: Ms.Sakshi Tanwar, Ms.Renu, Mr.Kapil and Mr.Rohan, Advocates with petitioners in person versus THE STATE & ANR.

..... Respondents Through: Mr. Laksh Khanna, APP for State with WSI Menka Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.03.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.647/2015 registered under Sections 498A/34 IPC at P.S. Chhawla, 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 5 are the in-laws of the complainant. 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 vide Memorandum of Understanding dated 16.05.2023. It is stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 28.08.2023 in HMA No.2208/2023. In terms of the settlement, respondent No. 2 is now left with no claim The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 11:36:07

whatsoever against the petitioners. It is further submitted that the requisite affidavit in terms of the Supreme Court decision in Ganesh v. Sudhirkumar Shrivastava and Ors. reported as 2019 SCC OnLine SC 1107, stating therein that rights of the minor child shall remain unaffected by 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 is also present in the Court, has been identified by the Investigating Officer. 6.

Respondent No. 2 states that she has entered into the aforesaid Memorandum of Understanding 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 counsel for the petitioners submits that connected FIR being FIR No.412/2015 registered under Sections 307 IPC at P.S. Chhawla, Delhi has also been quashed today vide CRL.M.C. 8886/2023. 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. MANOJ KUMAR OHRI, J MARCH 18, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 11:36:07