Neeraj Jain & ORS. v. The State & ANR. & ORS.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8923/2023 & CRL.M.A. 33362/2023 NEERAJ JAIN & ORS.

..... Petitioners Through:

Mr. Raj Kumar and Mr. Ram Ratan Gautam, Advocates with petitioners in person.

versus THE STATE & ANR. & ORS.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with ASI Rakesh Kumar PS Gandhi Nagar, Delhi.

Mr. Dharmender Kumar, Advocate for respondent No.2 with respondent in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.93/2019 registered under Sections 498A/406/34 IPC at P.S. Gandhi 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) whereas petitioner Nos. 2 to 8 are the in-laws of the complainant. 3.

Mr. Nawal Kishore 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 counsels for the parties submit that the parties have reached upon a settlement on 29.10.2022 before the Delhi Mediation Centre, 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 13/12/2024 at 14:58:27

Karkardooma Courts, Delhi. In terms of the settlement, petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 10.07.2023 passed by the Family Court-02, East, Karkardooma Courts, Delhi in HMA No. 312/2023. It was agreed that a sum of Rs.10,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2. It is further submitted that out of the settlement amount of Rs.10,00,000/-, an amount of Rs.8,00,000/- has already been paid and the remaining balance amount of Rs.2,00,000/- is being paid today through a demand draft, a photocopy of which has been placed on record. It is further submitted that petitioner No.1 has filed an affidavit in terms of the decision of the Supreme Court in Ganesh v. Sudhirkumar Shrivastava and Others reported as 2019 SCC OnLine SC 1107, stating therein that rights of the minor child shall remain unaffected by the terms of the settlement. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by I.O./ ASI Rakesh Kumar PS Gandhi Nagar, Delhi.

6.

Respondent No. 2 states that she has settled her disputes with the petitioners of her own free will, volition and without any coercion. She submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.2,00,000/- 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 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 13/12/2024 at 14:58:28

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.2 lac. 10.

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

MANOJ KUMAR OHRI, J FEBRUARY 6, 2024/rd 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 13/12/2024 at 14:58:28