Mayank Bansal & ORS. v. The State NCT Of Delhi And ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7847/2024 & CRL. MA 29946/2024 MAYANK BANSAL & ORS.

.....Petitioners Through:

Mr. Vivek Chaudhary, Advocate with petitioners in person.

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

Mr. Nawal Kishore Jha, APP for State with SI Ankita Singh PS Safdarjung Enclave, New Delhi.

Ms. Aruna Tiku, Ms. Aarushi Tiku, Mr. Ashish, Advocates for respondent no.2 with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 04.10.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 156/2022 registered under Sections 498-A/406/34 IPC at P.S. Safdarjung Enclave, 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 and 3 are the parents-in-law of the complainant/respondent no.2.

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. He submits that the case is still at the stage of investigation.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide MoU dated 31.05.2024. In terms of the settlement, the parties have already filed a petition for first motion of divorce and the second motion shall be filed shortly. It was agreed that a sum of Rs.55,00,000/- 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.55,00,000/-, remaining balance amount of Rs.15,00,000/- is being paid today through a demand draft bearing number 690025 drawn on IDFC First Bank. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as by I.O./ SI Ankita Singh PS Safdarjung Enclave, 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 subject to the encashment of the demand draft of Rs.15,00,000/- handed over to her today. She further undertakes that she will cooperate with the petitioner No.1 in filing the petition for second motion of divorce. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed, subject to encashment of aforesaid demand draft of Rs.15 lacs. The parties are directed to abide by the terms of the settlement arrived at between them and shall also cooperate with each other in fling the petition for second motion as early as possible.

10.

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

MANOJ KUMAR OHRI, J OCTOBER 4, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.