Sh Shubham Gupta And ORS v. The State NCT Of Delhi And ANR

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8245/2024, CRL.M.A. 31514/2024 SH SHUBHAM GUPTA AND ORS .....Petitioners Through:

Mr. B.L. Madhukar and Ms. Kanika Gupta, Advs. with petitioners.

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

Mr. Nawal Kishore Jha, APP for State with SI Poonam, PS Janakpuri.

Mr. Devendra Kumar, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 21.10.2024 1.

By way of present petition, the petitioners seek quashing of FIR No. 096/2024 registered under Sections 498-A/406/34 IPC at P.S. Janak Puri, 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, whereas petitioner No. 4 is the sister-in-law of the complainant.

3.

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

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding dated 08.04.2024, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

a photocopy of which has been placed on record. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 12.09.2024 passed by the Judge, Family Court-02 West District, Tis Hazari Courts, Delhi in HMA No. 2233/2024. It was agreed that a sum of Rs.18,00,000/- 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 further submitted that out of the settled amount of Rs.18,00,000/-, balance amount of Rs. 4,00,000/- is being paid today by way of a demand draft, bearing No. 227894, dated 19.10.2024, drawn on Punjab National Bank, Tagore School May, New Delhi.

5.

The petitioners, who are present in Court, have been identified by their counsel as well as by I.O./SI Poonam, PS Janakpuri. 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 encashment of the demand draft of Rs.4,00,000/- 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 aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of aforesaid demand draft of Rs.4,00,000/-. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

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

MANOJ KUMAR OHRI, J OCTOBER 21, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.