Kuldeep & ORS. v. The State NCT Of Delhi And ANR

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6509/2024 KULDEEP & ORS.

.....Petitioners Through:

Mr. Rishi Pal and Ms. Kamakshi, Advs. with petitioners in person.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Nawal Kishor Jha, APP for State.

SI Chetan, PS Begumpur.

R-2 in person with Mr. Amit Verma, Adv.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 21.08.2024 CRL.M.A. 24897/2024 Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 6509/2024 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0157/2019 registered under Sections 498-A/406/509/34 IPC at P.S. Begumpur, 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 4 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 the petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. He further submits that the chargesheet in the present case has been filed.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide memorandum of understanding dated 19.09.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 09.11.2023 passed by learned Judge, Family Courts, Rohini Courts (North-West), Delhi in HMA No. 2486/2023. It was agreed that a sum of Rs.3,30,000/- 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.3,30,000/-, a sum of Rs 2,50,000/- has already been paid and the remaining balance amount of Rs.1,00,000/- is being paid today through one demand draft bearing No. 125373 dated 03.07.2024 drawn on PNB, Sector-5 Rohini, Delhi - 110085. 5.

Petitioners, who are present through V.C., have been identified by their counsel as well as by I.O./SI Chetan, P.S. Begumpur. Respondent No. 2, who is also present through V.C. and is identified by the I.O.. 6.

Respondent No.2 states that she has entered into the aforesaid Memorandum of Understanding 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 present FIR and consequent proceedings are quashed against the petitioners subject to encashment of the demand draft of Rs.1,00,000/- handed over to her today. 7.

Learned counsel for the petitioners submits that no other proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 lac. 10.

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

MANOJ KUMAR OHRI, J AUGUST 21, 2024/akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.