Atul & ORS. v. State NCT Of Delhi And ANR

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6982/2024 & CRL. M.A.26656/2024 ATUL & ORS.

.....PetitionerS Through:

Mr. Raveesh Kumar and Mr. Ashok Kumar, Advocates with petitioners in person.

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

Mr. Sanjeev Sabharwal, APP for State with ASI Amrish PS Maidangarhi, Delhi.

Mr. Ashish Sharma and Ms. Ashu, Advocates for respondent no.2.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 04.09.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0386/2022 registered under Sections 498A/406/354/377/34 IPC at P.S. Maidan Garhi, 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 petitioners wherein, petitioner No. 1 is husband and petitioner Nos. 2 to 4 are parents-in-law and sister-in-law of the complainant.

3.

Mr. Sanjeev Sabharwal, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further submits that charge-sheet has been filed. It is stated that the allegations under Section 377 IPC are only against the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

husband.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Counselling Cell, Family Court, Tis Hazari, on 15.01.2024. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 02.07.2024 passed by the Family Court, Tis Hazari Court, Delhi in HMA No. 1630/2024. It was agreed that a sum of Rs.11,00,000/- 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.11,00,000/-, remaining balance amount of Rs.3,00,000/- is being paid today through a demand draft bearing number 083002 drawn on Union Bank, Lodhi Complex, New Delhi. 5.

Petitioners and respondent no.2, who are present in Court, have been identified by their counsels as well as by I.O./ ASI Amrish PS Maidangarhi, Delhi..

6.

Respondent No.2 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.3,00,000/- 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.3 lacs. 10.

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

MANOJ KUMAR OHRI, J SEPTEMBER 4, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.