Vaibhav Jain & ORS. v. State

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9476/2023 & CRL.M.A. 35397/2023 VAIBHAV JAIN & ORS ..... Petitioners Through:

Mr. Bharat Sharma, Mr. Nitesh Bansal and Mr.

Shyam Lal, Advocates with petitioners in person.

versus STATE ..... Respondents Through:

Mr. Naval Kishore Jha, APP for State with SI Anil Kumar PS Vijay Vihar, Delhi.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 781/2022 registered under Sections 498-A/406/506//509/34 IPC at P.S. Vijay Vihar, 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. 2-4 who are the relatives of petitioner No.1. 3.

Mr. Naval 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. He further states that first motion has taken place.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes. It is submitted that first motion has taken place. The 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 06/06/2024 at 15:07:59

affidavit of petitioner No.1 has been handed over in the Court stating therein that the present settlement shall not affect the rights of the minor child born out of the wedlock. The said affidavit is taken on record. Petitioner No.1 also undertakes to appear before the concerned court for the second motion. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Anil Kumar PS Vijay Vihar, Delhi. 6.

Respondent No. 2 who is also present in Court and identified by the I.O., 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. Affidavit of respondent No.2. has been placed on record. 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 undertakings 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.

10.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J JANUARY 22, 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 06/06/2024 at 15:07:59