Sunil Kumar & ANR. v. State Of NCT Of Delhi & ANR.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6979/2024 SUNIL KUMAR & ANR.

.....Petitioners Through: Ms.Anany Tiwari and Mr.Sunil Kumar, Advocates with petitioners in person versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through: Mr. Shoaib Haider, APP for State with SI Rita Mr.Rahul M., Ms.Amanpreet Kaur, Mr.Mukul and Mr.Rohit, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 10.12.2024 1.

By way of present petition, the petitioners seek quashing of FIR No.23/2017 registered under Sections 498A/406/34 IPC at P.S. Darya Ganj, 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 No.2 is the mother-in-law of the complainant/respondent No.2. 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 15.04.2023 before Delhi Mediation Centre, Tis Hazari The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Courts, Delhi. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 23.12.2023 passed by learned Judge, Family Court, West, Tis Hazari Courts, Delhi in HMA No.2227/23. It is further submitted that out of the total settlement amount, the balance amount of Rs.2,00,000/- is being paid today through demand draft bearing No.048455 dated 05.12.2024 drawn on Bank of Baroda and FDR Nos.4984528 and 4984529 dated 15.07.2024 drawn on Bank of Baroda respectively to respondent No.2/complainant. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

5.

Petitioner No.1, who is present in Court, states that the rights of the minor children, who are in the custody of respondent No.2, shall remain unaffected by the terms of the settlement arrived at between the parties. In acknowledgement of the said statement, petitioner No.1 and his counsel have signed the order sheet. Petitioner No.1 further undertakes that he will take necessary steps to get the caste certificate issued in the name of their children. The undertaking is accepted, taken on record and he is made bound by the same.

6.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

7.

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.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

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

9.

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

10.

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. 11.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J DECEMBER 10, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.