Ashwani Kumar Mohey & ORS. v. State Of N.C.T. Of Delhi & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9415/2023 & Crl. MAs 35231-35233/2023 ASHWANI KUMAR MOHEY & ORS.

..... Petitioners Through:

Mr. Nipun Manocha, Mr. Gagan Kumar Singhal, Advocates for petitioner Nos. 1-3 and 6-13 with petitioners in person.

Mr. Dhananjay Grover and Mr.

Karthek Padmanaashan, Advocates for petitioner Nos. 4 and 5 with petitioners in person.

versus STATE OF N.C.T. OF DELHI & ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for State with ASI Laxmi, PS Palam Village, Delhi.

Mr. Anshu Mahajan, Advocate for respondent No.2 with Ms. Manju Virja, Attorney of respondent No.2.

Respondent No.2 through VC.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 389/2021 registered under Sections 498-A/406/34 IPC at P.S. Palam Village, Delhi on the ground that the parties have amicably settled their disputes vide Settlement Agreement dated 13.01.2023.

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 13 who are the relatives of petitioner No.1. 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 06/05/2024 at 15:14:42

3.

Mr. Sunil Kumar Gautam, 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.

4.

Learned counsels for the parties submit that after ironing out their differences the parties have arrived at an amicable settlement and a decree of divorce has been granted vide order dated 11.04.2023 and a settlement agreement dated 13.01.2023 has been arrived at between the parties. 5.

The petitioners are present in the Court and respondent No. 2, who has joined the V.C. proceedings, are identified by their respective counsels as well as by the Investigating Officer/ASI Laxmi, PS Palam Village. Respondent No. 2 states that she has no objection in case the instant FIR is quashed. She further states that she is giving this statement out of her own free will, volition and without any coercion. She also states that she has no objection if the present FIR and the consequent proceedings are quashed. 6.

The parties shall remain bound by the statements and undertaking made in Court today.

7.

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.

8.

With the above directions, the petition along with pending applications is disposed of.

MANOJ KUMAR OHRI, J JANUARY 4, 2024/rd 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 06/05/2024 at 15:14:42