Anish & ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8239/2024 ANISH & ORS.

.....Petitioners Through:

Mr. Himanshu Upadhyay and Ms.

Ruby Sharma, Advocates with petitioners in person.

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

Mr. Shoaib Haider, APP for State with IO/SI Ashok Kumar and SI Kailash Chand, P.S. Sagar Pur.

Mr. Saleem Akhtar, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 25.10.2024 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 492/2015 registered under Sections 498-A/406/506/34 IPC at P.S. Sagar Pur, 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 to 4 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. He, on instructions, submits that though the charge-sheet was also filed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under Section 313 IPC, however, the Ld. Sessions Court, vide order dated 15.07.2023, discharged the petitioners for the offence under Section 313 IPC and the matter is now remanded back to the concerned Judicial Magistrate for formal order on charge i.e. under Sections 498-A/406/506/34 IPC. 4.

It is submitted that parties have settled their disputes before the Delhi Mediation Centre, Patiala House Court, New Delhi on 16.01.2024, a copy of which has been placed on record. In terms of the settlement, marriage between the parties has already been dissolved vide decree of divorce under Muslim Law Act on basis of Khula dated 07.03.2024 passed by Family Court, Patiala House Court, New Delhi in ML-01/2024. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.6,00,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.5,00,000/- 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 bearing No. 255442 dated 19.10.2024 drawn on Punjab National Bank, Delhi - 110045. 5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./SI Ashok Kumar and SI Kailash Chand, P.S. Sagar Pur.

6.

Respondent No.2 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 aforesaid demand draft of Rs.1 lac. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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, subject to encashment of aforesaid demand draft of Rs. 1 lac. 10.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J OCTOBER 25, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.