Amit v. The State & ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8960/2023 AMIT ..... Petitioner Through: Mr.Randhir Kumar, Advocate with petitioner in person versus THE STATE & ANR.

..... Respondents Through: Mr. Aashneet Singh, APP for State with SI Meenakshi and SI Raj Kumar Mr. Baldev Singh, Mr.Divyansh Thakur and Mr.Naveen Malhotra, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 21.02.2024 CRL.M.A. 33517/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 8960/2023 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of FIR No.222/2019 registered under Sections 498A/406/34 IPC at P.S. Kamla Market, 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 the petitioner (husband). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Learned APP for the State submits that the petitioner is the only accused and respondent No.2 is the complainant/victim. 4.

Learned counsels for the parties submit that the parties have settled their dispute on 28.09.2022 before the Counselling Cell, Family Court, Tis Hazari Court, Delhi. It is further stated that the petitioner and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 24.04.2023 passed by the Family Court, Tis Hazari Court, Delhi in HMA No.553/2023. It was further agreed that a sum of Rs.5,60,000/- would be paid as full and final settlement by the petitioner to respondent No. 2. Out of the said settlement amount, the balance amount of Rs.1,60,000/- is being paid today vide demand draft bearing No.239741 dated 07.12.2022 drawn at State Bank of India, Jhandewalan. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioner.

5.

The petitioner and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6.

Respondent No.2 states that she has entered into the aforesaid Settlement 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 subject to encashment of the demand draft. 7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements made in Court today.

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

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 the aforesaid demand draft. 10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J FEBRUARY 21, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.