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High Court of DelhiCRL.M.C./6851/2024

Sh Vikash & ORS. v. State NCT Of Delhi & ANR.

2024-09-02Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6851/2024, CRL.M.A. 26184/2024 and CRL.M.A. 26185/2024 SH VIKASH & ORS.

.....Petitioners Through: Ms.Pooja Verma, Advocate with petitioners in person versus STATE NCT OF DELHI & ANR.

.....Respondents Through: Mr. Nawal Kishore Jha, APP for State Ms.Meenu Chaudhary, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.09.2024 1.

By way of present petition, the petitioners seek quashing of FIR No.331/2020 registered under Sections 498A/406/34 IPC at P.S. Chandni Mahal, 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 5 are the in-laws of the complainant. 3.

Learned APP for the State submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim. 4.

Learned counsels for the parties submit that the parties have settled their dispute on 21.02.2022 before Counselling Cell, Patiala House Courts, New Delhi. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 02.11.2022 passed by learned Principal Judge, Family Courts, Patiala House Courts, New Delhi in HMA No.1093/2022. It is further submitted that out of 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 06/09/2024 at 15:24:51

the settlement amount, the balance amount of Rs.2,00,000/- is being paid today through a demand draft bearing No.757797 dated 28.08.2024 drawn on State Bank of India. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners. 5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels, whose Vakalatnama are on record.

6.

Respondent No.2 states that she has entered into the aforesaid mediation settlement out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft handed over to her today.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements 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 the aforesaid demand draft. 10.

The petition is disposed of in the above terms alongwith the pending applications.

MANOJ KUMAR OHRI, J SEPTEMBER 2, 2024 na 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 06/09/2024 at 15:24:51