Gautam Kalita And ORS. v. The State NCT Of Delhi And ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6992/2024 & CRL. M.A.26698/2024 GAUTAM KALITA AND ORS.

.....Petitioners Through:

Mr. Lavkush Agnihotri, Mr. Prakhar Gupta and Mr. Gaurav Yadav, Advocates.

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

Mr. Shoaib Haider, APP for State with SI Jeetender Kumar PS Mukherjee Nagar, Delhi.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 13.12.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 299/2012 registered under Sections 498-A/406/34 IPC at P.S. Mukherjee Nagar, New 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 to 6 are the in-laws of the complainant. 3.

Mr. Shoaib Haider, 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 states that the charge-sheet has been filed. 4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Mediation Centre, Rohini Courts, New Delhi on 21.02.2024. In terms of the settlement, the parties have already been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

granted divorce by mutual consent vide divorce decree dated 20.08.2014 passed by the Family Court, Rohini Courts, Delhi in HMA No. 855/2014. It was agreed that two FDRs in the sum of Rs.2 lacs each shall be handed over to the petitioner No.1 and petitioner No.1 shall pay a sum of Rs.5 lacs as full and final settlement to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that a demand draft of Rs.5,00,000/- bearing number 038643 dated 10.12.2024 drawn on Central Bank of India is being paid today to the respondent No.2 by the petitioner No.1. The aforesaid two FDRs are handed over to the petitioner No.1.

5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Jeetender Kumar PS Mukherjee Nagar, 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 petitioner No.1 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 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 lac. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

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

MANOJ KUMAR OHRI, J DECEMBER 13, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.