Ishwar & ORS. v. State NCT Of Delhi & ANR.
$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 664/2024 ISHWAR & ORS.
..... Petitioners Through:
Mr. Rahul Kumar Singh and Mr.
Shailendra Kumar Singh, Advocates with petitioners in person.
versus STATE NCT OF DELHI & ANR ..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Manisha PS Punjabi Bagh, New Delhi.
Mr. Shubham Bahl, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 23.02.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0562/2016 registered under Sections 498-A/406/34 IPC at P.S. Punjabi Bagh, 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) whereas petitioner Nos. 2 and 8 are the in-laws of the complainant. 3.
Mr. Nawal Kishore Jha, 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.
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4.
Learned counsel for the petitioners submits that the parties have settled their disputes vide Settlement dated 02.05.2019 arrived at between the parties before Delhi Mediation Centre, Karkardooma Courts, Delhi. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 04.03.2020 passed by the Family Court, Shahdara, Delhi in HMA No. 146/2020. It was agreed that a sum of Rs.2,50,000/- 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.2,50,000/-, remaining balance amount of Rs.50,000/- is being paid today in cash to the respondent No.2.
5.
Petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./ SI Manisha PS Punjabi Bagh, New Delhi..
6.
Respondent No. 2 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. 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.
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. MANOJ KUMAR OHRI, J FEBRUARY 23, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.