Amit Sharma @ Mohd. Amaan & ORS. v. The State & ANR.

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9167/2023 AMIT SHARMA @ MOHD. AMAAN & ORS.

..... Petitioner Through:

Mr.Amit Nagar and Mr.Geetam Bhati, Advocates with petitioners in person.

versus THE STATE & ANR.

..... Respondent Through:

Mr.Nawal Kishore Jha, APP for State with IO/ASI Anil Kumar, PS Jagatpuri, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.03.2024 CRL.M.A. 34257/2023 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 9167/2023 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 238/2023 registered under Sections 498-A/406/34 IPC at P.S. Jagat Puri, 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 and 3 who are the in-laws of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Mr. Jha, 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.

It is submitted that marriage between the parties has already been dissolved by an ex-parte decree of divorce in favour of respondent No.2 which has not been challenged by the petitioner No.1. It is further submitted that parties have settled their disputes vide Settlement Deed dated 25.09.2023. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs. 3,50,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. It is further submitted that total settled amount has been paid to respondent No.2.

5.

Learned counsel for the petitioners next submits that as per Clause 7(vi) of the said settlement, the rights of the minor child shall remain unaffected by the aforesaid settlement arrived at between the parties. 6.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./ASI Anil Kumar, P.S. Jagat Puri.

7.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 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 and she has received Rs.3,50,000/-.

8.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

9.

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.

10.

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.

11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MARCH 28, 2024 VLD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.