Sanjay Kumar And ORS v. State The NCT Of Delhi And ANR
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6328/2024, CRL.M.A. 24205/2024 SANJAY KUMAR AND ORS .....Petitioners Through:
Mr. A.K. Mishra, Advocate with petitioners in person.
versus STATE THE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with Mr. Kapil Prajapati, Ms. Mansi Gupta, Mr. Neeraj Baisoya, Ms. Ira Rana and Mr.
Dishant Tiwari, Advocates alongwith ASI Om Prakash, P.S. CWC/Nanak Pura.
Ms. Manisha Shokeen, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 14.08.2024
O R D E R
1.
The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 08/2014 registered under Sections 498-A/406/34 IPC at P.S. CAW Cell, 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 petitioners, wherein, petitioner No. 1 is husband and petitioner Nos. 2 and 3 are mother-in-law and sister-in-law of the complainant respectively.
3.
Mr. Jha, learned APP for the State submits that in the present case The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
petitioners are the only accused persons and respondent No. 2 is the complainant/victim.
4.
It is submitted that parties have settled their disputes before the Delhi Mediation Centre, Dwarka Courts, Delhi on 17.07.2018. In terms of the settlement, marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 22.01.2020 passed by Principal Judge, Family Court, Patiala House Court, New Delhi. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.3,25,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.3,00,000/- has already been paid and remaining balance amount of Rs.25,000/- is being paid today to the respondent No.2 through a demand draft No. 776270 dated 25.07.2024 drawn on Union Bank, a photocopy whereof is placed on record. 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 Om Prakash, P.S. CWC/Nanak Pura.
6.
Respondent No. 2 states that she has settled her disputes with petitioner No.1 out 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 demand draft of Rs.25,000/-, handed over to her today, is torn.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 aforesaid demand draft of Rs.25,000/-. 10.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J AUGUST 14, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.