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High Court of DelhiCRL.M.C./7176/2024

Satish Kumar And ORS v. The State NCT Of Delhi And ANR

2024-09-10Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7176/2024 SATISH KUMAR AND ORS.

.....Petitioners Through:

Mr. Ishu Sharma (D/8784/2019), Advocate with Petitioners-in-person.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Yudhvir Singh Chauhan, APP for the State.

Ms. Veena Sharma, Advocate for R-2 with Respondent No.2 in person ASI Mahesh Kumar, PS CWC Nanakpura

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 10.09.2024 CRL.M.A. 27400/2024 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 7176/2024 1.

The Petitioner has approached this Court for quashing FIR No.03/2023 dated 30.01.2023 registered at Police Station Crime (Women) Cell, Nanakpura for the offences punishable under Sections 498A, 406 & 34 IPC. The present FIR is the outcome of a matrimonial dispute between the parties.

2.

It is stated that the parties have resolved their disputes by way of a Memorandum of Understanding dated 18.07.2024. As per the Memorandum of Understanding dated 18.07.2024, Petitioner No.1/husband has agreed to pay a sum of Rs.2,25,000/- to Respondent No.2/Complainant towards full and final settlement of all her claims in the following manner: a) A sum of Rs.1,00,000/- was to be paid at the time of recording 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 02/07/2025 at 09:38:24

the statement of first motion.

b) A sum of Rs.75,000/- was to be paid at the time of recording of the statement of second motion.

c) A sum of Rs.50,000/- was to be paid at the time of quashing of the instant FIR.

3.

The Petitioners and Respondent No.2/Complainant are present in Court today. The parties have been identified by their respective Counsels and the Investigating Officer. Respondent No.2/Complainant states that she has received the entire amount and has settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence. The parties undertake that they will remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court 4.

In view of the settlement arrived at between the parties and also in view of the fact that the instant case is squarely covered by the law laid down by the Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.03/2023 dated 30.01.2023 registered at Police Station Crime (Women) Cell, Nanakpura for the offences punishable under Sections 498A, 406 & 34 IPC and the proceedings emanating therefrom are hereby quashed. 5.

With these observations, the petition is disposed of along with pending application(s), if any.

SUBRAMONIUM PRASAD, J SEPTEMBER 10, 2024 hsk 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 02/07/2025 at 09:38:24