Vinod & ORS. v. State Of (NCT Of Delhi) & ANR.
$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7251/2024, CRL.M.A. 27675/2024 VINOD & ORS.
.....Petitioners Through:
Mr. Ajay Harshana, Advocate with petitioners in person.
versus STATE OF (NCT OF DELHI) & ANR.
.....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Ved Prakash, P.S. Ambedkar Nagar.
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. 497/2023 registered under Sections 498-A/34 IPC at P.S. Ambedkar Nagar 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 Govt. Mediation & Conciliation Centre on 15.07.2023. In terms of the settlement, 1st Motion under Section 13(B)(1) of the Hindu Marriage Act, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
1956 (hereafter, as HMA) has already been granted by the Ld. Principal Family Judge, Saket Courts (South) Delhi vide order dated 14.08.2024. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.3,75,000/- 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.1,50,000/- has already been paid and a sum of Rs.1,00,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 752071 dated 23.08.2024 drawn on State Bank of India. It is further submitted that balance amount of Rs.1,25,000/- shall be paid by the petitioner No.1 to the respondent No.2 at the time of presentation of petition seeking dissolution of marriage under Sections 13(8)(2), HMA.
5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ASI Harsh Swaroop, P.S. Ambedkar Nagar. 6.
Respondent No. 2 is also present and has been identified by 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. Petitioner No.1, who is present in Court, undertakes that he shall cooperate the respondent No.2 in filing the petition under Sections 13(8)(2), HMA.
8.
The parties shall remain bound by the statements and undertaking made in Court today.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.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.