Parveen & ORS. v. The State NCT Of Delhi & ANR.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6490/2024, CRL.M.A. 24842/2024 PARVEEN & ORS.

.....Petitioners Through:

Mr. Tathagat Mitra and Mr. S.D.

Kamal, Advocates with petitioners in person with petitioners in person.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Aashneet Singh, APP for State with SI Vishal, P.S. Mayur Vihar -I.

Mr. Amit Grover, Mr. Sundeep Pandhi and Mr. Naresh Kumar, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 19.09.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0188/2023 registered under Sections 498-A/406/34 IPC at P.S. Mayur Vihar-I 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 the husband and petitioner Nos.2 to 5 are in-laws of the complainant. 3.

Ld. 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 the parties have settled their disputes before the 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, Karkardooma Court, Delhi on 17.07.2023. In terms of the settlement, marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 05.03.2024 passed by Family Court, East District, Karkardooma Court, Delhi in HMA No. 402/24. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.3,05,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.2,50,000/- has already been paid and the remaining balance amount of Rs.55,000/- is being paid today to respondent No.2 through a demand draft bearing No. 094321 dated 05.08.2024 drawn on State Bank of India, Kamla Nagar Branch.

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 Vishal, P.S. Mayur Vihar -I.

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 demand draft of Rs.55,000/- handed over to her today in the court.

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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 the encashment of demand draft of Rs.55,000/-. 10.

With the above directions, the petition is disposed of alongwith pending application.

MANOJ KUMAR OHRI, J SEPTEMBER 19, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.