Ravi Kumar Jain And ANR. v. State NCT Of Delhi And ANR.
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9033/2023 RAVI KUMAR JAIN AND ANR .....Petitioners Through:
Mr. Vinay Duggal, Mr. Shaitender Popli, Mr. Parveen Kumar Khaka and Mr. Raj Prem, Advocates with petitioners in person.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with SI Naveen PS Palam Village, Delhi.
Mr. Romiya, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 25.07.2024
O R D E R
1.
The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 188/2017 registered under Sections 498-A/406/34 IPC at P.S. Palam Village, 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), and petitioner Nos. 2 to 5 are sisters-in-law, brother-in-law and other relatives of the complainant.
3.
Mr. Sanjeev Sabharwal, 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. He submits that charge-sheet has been filed. 4.
Learned counsel for the petitioners submits that the parties have 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 14/08/2024 at 11:32:14
settled their disputes before the Mediation Centre, Dwarka Courts, New Delhi on 05.03.2019. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 24.10.2019 passed by the Family Court, South West District, Delhi in HMA No. 773/2019. It was agreed that a sum of Rs.4,75,000/- 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.4,75,000/-, the remaining balance amount of Rs.1,75,000/- is being paid today through a demand draft bearing number 008455 drawn on IDFC First Bank, Rewari, Haryana. 5.
Petitioners and respondent No.2, who were present in Court, have been identified by their counsels as well as by I.O./ SI Naveen PS Palam Village, Delhi.
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 the demand draft of Rs.1,75,000/- 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.1.75 lacs. 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 14/08/2024 at 11:32:14
10.
With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J JULY 25, 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 14/08/2024 at 11:32:15