Rahul Kumar And ORS v. State Govt. Of NCT Of Delhi And ANR.
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9144/2023 RAHUL KUMAR AND ORS ..... Petitioners Through:
Mr. Pratap and Mr. Ankur Sood, Advocates with petitioners in person.
versus STATE GOVT. OF NCT OF DELHI AND ANR ..... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with SI Mukesh Kumar PS Vasant Kunj (North), New Delhi.
Mr. Kamlesh Kamal and Mr. Ankit 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
% 19.02.2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.18/2021 registered under Sections 498A/406/34 IPC at P.S. Vasant Kunj (North), New 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 4 are the in-laws 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.
4.
Learned counsels for the parties submit that the parties have settled their disputes before the Delhi Mediation Centre, Patiala House Courts, New 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 22/02/2024 at 12:40:40
Delhi on 12.07.2022 and that further a Memorandum of Understanding dated 29.07.2022 has been entered into between them. In terms of the settlement, petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 08.05.2023 passed by the Family Court, Patiala House Courts, Delhi in HMA No.217/2023. It was agreed that a sum of Rs.10,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2. Out of the settlement amount of Rs.10,00,000/-, the balance amount of Rs.2,50,000/- is being paid today through a demand draft bearing number 387978 drawn on PNB, Shiv Vihar, Delhi-110094.
5.
Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by I.O./ SI Mukesh Kumar PS Vasant Kunj (North), New Delhi.
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 further submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.2,50,000/- 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.2.50 lac. 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 22/02/2024 at 12:40:40
10.
With the above directions, the petition is disposed of alongwith miscellaneous applications.
MANOJ KUMAR OHRI, J FEBRUARY 19, 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 22/02/2024 at 12:40:41