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High Court of DelhiCRL.M.C./9022/2023

Vinod Kumar Shukla & ORS. v. State Of NCT Of Delhi & ANR.

2024-01-23Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~119 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9022/2023 VINOD KUMAR SHUKLA & ORS ..... Petitioners Through:

Mr. Prabhakar Tiwari, Advocate with petitioners in person.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Ashneet Singh, APP for State with SI Vikas PS Wazirabad, Delhi.

Mr Abhishek Rana, Mr. Gaurav Gala, Mr. Bhavnish Gala and Mr. Raj Kumar, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.174/2019 registered under Sections 498A/406/34 IPC and Section 67-A of the Information Technology Act at P.S. Wazirabad, 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 5 are the in-laws of the complainant. 3.

Mr. Ashneet Singh, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the only complainant/victim.

4.

Learned counsel for the parties submit that the parties have settled their disputes vide Settlement dated 21.04.2023 arrived at before The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Counselling Cell, Family Court, Tiz Hazari Courts, Delhi In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 18.08.2023 passed by the Family Court, Central District, Tiz Hazari Court, Delhi in HMA No.1522/23. As per the settlement, petitioner No.1 was to pay a sum of Rs.2,00,000/- as full and final settlement to respondent No.2. Out of the said settlement amount, a sum of Rs.1,25,000/- has already been paid and the remaining amount of Rs.75,000/- is being paid today in the Court by way of demand draft bearing No. 111428 drawn on State Bank of India, Dev Nagar, New Delhi. 5.

Petitioners and the respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./ SI Vikas PS Wazirabad, Delhi.

6.

Respondent No. 2, states that she has settled her disputes with petitioners of her own free will, volition and without any coercion. She also submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.75,000/- 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 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.75,000/-. 10.

With the above directions, the petition is disposed of alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

miscellaneous application.

MANOJ KUMAR OHRI, J JANUARY 23, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.