Vinay Kataria And ORS v. The State NCT Of Delhi And Another

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8913/2023, Crl. M.A. 33332/2023 VINAY KATARIA AND ORS ..... Petitioners Through:

Mr. Neeraj Kr. Jha, Advocate with petitioner Nos. 1 and 2 in Court and petitioner Nos. 3 to 7 through V.C.

versus THE STATE NCT OF DELHI AND ANOTHER ..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Amit, P.S. Prashant Vihar.

Mr. R.D. Vats, Ms. Asha Sharma and Mr. Arnav Vats, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 16.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 603/2018 registered under Sections 498-A/406/354A/34 IPC at P.S. Prashant 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 and petitioner Nos. 2 to 7 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.

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 vide Memorandum of Understanding dated 24.09.2022. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 02.05.2023 passed by the Family Court, North West, Rohini Court, Delhi in HMA No. 1155/2023. It was agreed that a sum of Rs.38,50,000/- 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.32,00,000/- has already been paid and remaining sum of Rs.6,50,000/- is being paid today to the respondent No.2 through a demand draft, photocopy whereof is placed on record. 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./SI Amit, P.S. Prashant Vihar.

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 aforesaid demand draft of Rs.6.50 lacs handed over 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.6.50 lacs. 10.

With the above directions, the petition is disposed of. Dasti MANOJ KUMAR OHRI, J FEBRUARY 16, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.