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High Court of DelhiW.P.(CRL)/2687/2024

Manmeet Singh Soni & ORS. v. State NCT Of Delhi And ANR

2024-09-02Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2687/2024 MANMEET SINGH SONI & ORS.

.....Petitioners Through:

Ms. Swati Arora, Advocate.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for State with SI Reena, PS Prashant Vihar.

Mr. Nikhil, Adv. for Respondent No.2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 02.09.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0371/2021 registered under Sections 498-A/406/34 IPC at P.S. Prashant Vihar, Delhi on the ground that the parties have amicably settled their disputes.

2.

Issue notice.

3.

Learned Standing Counsel for the State has accepted the notice on behalf of State.

2.

The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioners wherein, petitioner No. 1 is husband, petitioner No. 2 is mother-in-law and petitioner No. 3 is sisterin-law of the complainant. 3.

Learned APP for the State submits that in the present case, petitioners are the only accused persons and respondent No. 2 is the only The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complainant/victim. The chargesheet has not been filed. 4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Settlement Agreement/MoU on 18.03.2024. In terms of the settlement, the joint statement of the parties was recorded and parties have been granted divorce by mutual consent vide divorce decree dated 30.05.2024 passed by the Principal Judge, Family Courts, Delhi in HMA No. 03/2021. As per the Settlement Agreement, it was agreed that a sum of Rs.22,00,000/- 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.22,00,000/-, remaining balance amount of Rs.5,00,000/- is being paid today through a demand draft no. 002455, dated 26.07.2024, drawn at AU Small Finance Bank, a photocopy of which has been placed on record. 5.

Petitioners, who are present in Court, have been identified by their counsels as well as by I.O./ SI Reena, P.S. Prashant Vihar. 6.

Respondent No. 2, who is also present in Court and identified by the I.O., states that she has settled her disputes with petitioner No.1 out 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.5,00,000/- 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.5,00,000/-. 10.

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

MANOJ KUMAR OHRI, J SEPTEMBER 2, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.