Arpan Chakarvarty And ORS v. State NCT Of Delhi And ANR
$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6601/2024 and CRL.M.A. 25213/2024 ARPAN CHAKARVARTY AND ORS .....Petitioners Through: Ms.Usha Trehan, Advocate with petitioners in person versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Kavish Mr.Mohit Kukreja, Advocate for respondent No.2 with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 23.08.2024 1.
By way of present petition, the petitioners seek quashing of FIR No.0552/2023 registered under Sections 498A/406/323/34 IPC at P.S. Laxmi Nagar, 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 3 are the in-laws of the complainant. 3.
Learned APP for the State submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim. He further submits that the FIR is pending investigation. 4.
Learned counsels for the parties submit that the parties have settled their dispute on 16.03.2024 before Family Court, East Delhi, Karkardooma Courts, New Delhi. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 04.07.2024 passed by learned Judge, Family Court, East District, 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 28/08/2024 at 12:26:52
Karkardooma Courts, Delhi in HMA No.1172/2024. It is further submitted that out of the settlement amount, the balance amount of Rs.8,00,000/- is being paid today through a demand draft bearing No.677909 dated 26.07.2024 drawn on Punjab National Bank. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.
5.
The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.
6.
Respondent No.2 states that she has entered into the aforesaid mediation ssettlement out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft handed over to her today.
7.
Learned counsels for the parties submit that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements 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 the aforesaid demand draft. 10.
The petition is disposed of in the above terms alongwith the pending application.
MANOJ KUMAR OHRI, J AUGUST 23, 2024/na 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 28/08/2024 at 12:26:52