Shri Kamlesh Kumar & ANR. v. The State N.C.T. Of Delhi & ANR.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6391/2024 & CRL.M.A. 24439/2024 SHRI KAMLESH KUMAR & ANR.

.....Petitioners Through:

Mr. Shiv Kumar Kushwah and Ms.

Priya Gupta, Advocates with all petitioners.

versus THE STATE N.C.T. OF DELHI & ANR.

.....Respondents Through:

Mr. Aashneet Singh, APP for State with SI Punit Tushir, PS Shahbad Dairy.

Mr. Gautam Arora, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 29.08.2024 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 1418/2014 registered under Sections 498-A/406/34 IPC and Section 3 of DP Act at P.S. Shahbad Dairy, 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 No. 2 is mother-in-law of the complainant. 3.

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 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.

settled their disputes before the Counselling Cell, Family Courts, Dwarka Court, 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 19.04.2021 passed by the Judge, Family Courts, District North, Rohini Courts, Delhi in HMA No. 1390/2019. It was agreed that a sum of Rs. 6,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount of Rs.6,00,000/-, remaining balance amount of Rs.2,00,000/- is being paid today through a demand draft.

5.

Petitioners, who are present in person, have been identified by their counsels as well as by I.O./ SI Punit Tushir, P.S. Shahbad Dairy. 6.

Respondent No. 2, who is also present in person and identified by the I.O., 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.2,00,000/- 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.2 lac. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

With the above directions, the petition is disposed of alongwith miscellaneous applications.

MANOJ KUMAR OHRI, J AUGUST 29, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.