Ram Bala Saheb Upade And ORS v. The State NCT Of Delhi And ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

7246/2024, CRL.M.A.

27664/2024, CRL.M.A.

27665/2024 RAM BALA SAHEB UPADE AND ORS.

.....Petitioners Through:

Mr. Arjun Singh, Ms. Saloni Nagar and Mr. Pradeep Nagar, Advocates with petitioner Nos. 1 to 3 in person.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with ASI Harsh Swaroop, P.S. Burari.

Mr. Ramphal Snghal and Ms. Pooja, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 12.09.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0593/2016 registered under Sections 498-A/406/34 IPC at P.S. Burari 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 5 are in-laws of the complainant. 3.

Ld. APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim. 4.

It is submitted that parties have settled their disputes before the Delhi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mediation Centre, Tis Hazari Court, Delhi on 18.04.2023. In terms of the settlement, marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 11.03.2024 passed by Family Court, Central District, Tis Hazari Court, Delhi in HMA No. 382/2024. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.3,50,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.2,50,000/- has already been paid and remaining balance amount of Rs.1,00,000/- is being paid today to the respondent No.2 through a demand draft. 5.

Petitioner Nos. 1 to 3, who are present in Court, have been identified by their counsel as well as by I.O./ASI Harsh Swaroop, P.S. Burari. It is submitted that petitioner Nos. 4 and 5 could not come to Court due to some medical urgency.

6.

Respondent No. 2 is also present alongwith her counsel and has been identified by her counsel as well as the concerned IO. She 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 demand draft of Rs.1 lac handed over to her today in Court.

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.1 lac. 10.

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

MANOJ KUMAR OHRI, J SEPTEMBER 12, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.