Kailash Chand & ORS. v. The State NCT Of Delhi And ANR.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9291/2023, CRL.M.A. 34716/2023 KAILASH CHAND & ORS.

..... Petitioners Through:

Mr. Pawan Kripa Shankar Bhargav, Advocate with petitioners in person.

versus THE STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with Insp. Dinesh Chandra, P.S.

Khajuri Khas.

Mr. Dinesh Kumar, Advocate for respondent No.2 with respondent No.

2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.03.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0717/2013 registered under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act at P.S. Khajuri Khas, 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 7 are in-laws of the complainant. 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.

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

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Counselling Cell, Family Court, North East District, Vishwas Nagar, Delhi on 24.09.2016. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 02.04.2018 passed by the Family Court, North East District, Vishwas Nagar, Delhi in HMA No. 148/18. It was agreed that a sum of Rs.3,40,000/-, 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, a sum of Rs.2,40,000/- has already been paid and remaining balance amount of Rs.1,00,000/- is being paid today through a demand draft, a photocopy of which has been placed on record.

5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./Insp. Dinesh Chandra, P.S. Khajuri Khas.

6.

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 subject to encashment of the demand draft of Rs.1 lac 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 application.

MANOJ KUMAR OHRI, J MARCH 1, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.