Tilak Raj & ORS. v. The State Govt Of NCT Of Delhi & ANR.
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9448/2023 & CRL.M.A. 35315/2023 TILAK RAJ & ORS.
..... Petitioners Through:
Ms. Pratibha Kumari and Ms. Madhu Singh, Advocates with petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Rakesh Kumar PS Swaroop Nagar, Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 12.02.2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 426/2019 registered under Sections 498A/406/34 IPC at P.S. Swaroop 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 6 are the in-laws of the complainant. 3.
Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the only complainant/victim.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes with the intervention of elders and relatives. In terms of the settlement, the parties have already been granted divorce by mutual The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
consent vide divorce decree dated 20.09.2023 passed by Principal Judge, Family Court, North, Rohini Courts, Delhi in HMA No.1578/2023. The said decree mentions the factum of settlement, as well as the fact that it was agreed that a sum of Rs.6,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2. It is further submitted that out of the settlement amount of Rs.6,00,000/-, the balance amount of Rs.2,00,000/- is being paid today through a demand draft bearing number 354816 drawn on Kotak Mahindra Bank, Janakpuri, New Delhi, a photocopy of which has been placed on record.
5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Rakesh Kumar PS Swaroop Nagar, Delhi. Respondent No.2, who is also present in Court, is identified by the I.O. 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.2,00,000/- 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.
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.2 lac. 10.
With the above directions, the petition is disposed of alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
miscellaneous applications.
MANOJ KUMAR OHRI, J FEBRUARY 12, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.