Ravinder & ORS. v. The State Of NCT Of Delhi And ANR.
$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2617/2024 & CRL. MA 25644/2024 RAVINDER & ORS.
.....Petitioners Through:
Ms. Kamlesh Sharma, Advocate with petitioners in person.
versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel (Crl.) for State with Mr. Abhinav Kumar Arya and Mr.
Priyam Agarwal, Advocates with ASI Sanjay Kumar and SI Ghanshyam PS Wazirabad, Delhi.
Ms. Renu Chauhan and Ms. Shalu, Advocates for respondent no.2 with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 28.08.2024 1.
The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 1025/2023 registered under Sections 498-A/406/34 IPC at P.S. Wazirabad, 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 5 are parents-in-law, brother-in-law and sister-in-law of the complainant.
3.
Mr. Sanjay Lao, learned Standing Counsel (Crl.) for State submits The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He states that the matter is pending investigation.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding dated 19.02.2024, a copy whereof has been placed on record. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 29.05.2024 passed by the Family Court, Central District, Tis Hazari Court, Delhi in HMA No. 664/2024. It was agreed that a sum of Rs.3,00,000/- 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.3,00,000/-, remaining balance amount of Rs.1,00,000/- is being paid today through a demand draft bearing number 142939 drawn on Union Bank of India. 5.
Petitioners and respondent no.2, who are present in Court, have been identified by their counsel as well as by I.O./ SI Ghanshyam PS Wazirabad, Delhi.
6.
Respondent No. 2 states that she has settled her disputes with petitioners 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.1,00,000/- 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 application.
MANOJ KUMAR OHRI, J AUGUST 28, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.