Deepak Choudhary And ORS v. State Through Sho Ps Najafgarh And ANR
$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8185/2024 & CRL. MA 31287/2024 DEEPAK CHOUDHARY AND ORS .....Petitioners Through:
Mr. Sachin Chawla and Ms. Pratibha Luthra, Advocates with petitioners in person.
versus STATE THROUGH SHO PS NAJAFGARH AND ANR .....Respondents Through:
Mr. Shoaib Haider, APP for State with SI Devender Kumar PS Najafgarh, New Delhi.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 18.10.2024 1.
The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0513/2022 registered under Sections 498A/406/354/354B/34 IPC at P.S. Najafgarh, 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 to 4 are the mother-in-law, sister-in-law and brother-in-law of the complainant, respectively.
3.
Mr. Shoaib Haider, learned APP for the State submits that in the present case, the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further submits that the charge-sheet has already been filed.
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4.
Learned counsel for the petitioners submits that the parties have amicably settled their disputes before the Counselling Cell, Family Courts vide Settlement dated 18.05.2024. In terms of the said settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 24.07.2024 passed by the Family Court, Dwarka, New Delhi in HMA No. 2080/2024. Further, it was agreed that a sum of Rs.20,00,000/- shall be paid by petitioner No. 1 to respondent No. 2 as full and final settlement towards her claims qua maintenance, stridhan, alimony, etc. It is submitted that out of the settled amount of Rs.20,00,000/-, remaining amount of Rs.8,00,000/- is being paid today through a demand draft bearing number 877562 drawn on Punjab National Bank, Gurgaon, Haryana. 5.
Petitioners, who are present in Court, have been identified by their counsel as well as by the I.O./ SI Devender Kumar PS Najafgarh, New Delhi.
6.
Respondent No. 2, who is also present in Court and identified by the I.O., 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 the 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.8,00,000/- handed over to her today. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of the aforesaid demand draft of Rs.8,00,000/-.
10.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J OCTOBER 18, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.