Swapnil Sharma & ORS. v. The State NCT Of Delhi And ANR.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8984/2023 SWAPNIL SHARMA & ORS.

..... Petitioners Through:

Mr. Sanjay Kumar Chaubey and Mr.

Rakesh Kr. Sukla, Advocates with petitioners in person.

versus THE STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with IO/SI Arti, P.S. R.K. Puram.

Mr. Arun Sharma, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 15.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 408/2021 registered under Sections 498A/406/34 IPC at P.S. R.K. Puram, Delhi on the ground that 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 whereas petitioner Nos. 2 and 3 are the 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 counsels for the parties submit that the parties have settled The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their disputes before the Delhi Mediation Centre, Patiala House Court, New Delhi on 08.08.2022. In terms of the settlement, petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 12.10.2023 passed by the Family Court, Patiala House Court, New Delhi in HMA No. 835/2023. It was agreed that a sum of Rs.5,50,000/-, as full and final settlement, shall be paid by petitioner No. 1 to respondent No. 2. It is further submitted that out of the entire settled amount, a sum of Rs.3.50 lacs has already been paid and balance amount of Rs.2 lacs is being paid today by way of a demand draft, a photocopy of which has been 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 Arti, P.S. R.K. Puram.

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 demand draft of Rs.2 lacs handed over 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 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 aforementioned demand draft of Rs.2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

lacs.

10.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J FEBRUARY 15, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.