Sanjay Dhania & ORS. v. State NCT Of Delhi And ANR
$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8332/2024, CRL.M.A. 31800/2024 SANJAY DHANIA & ORS.
.....Petitioners Through:
Mr. Shashi Bhushan Jha, Mr. Kunal Garg and Ms. Aarti, Advocates with petitioners in person.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Prince Kumar, P.S.
Mandawali.
Respondent No.2 in person with counsel.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 22.10.2024 1.
The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 154/2019 registered under Sections 498-A/406/34 IPC at P.S. Mandawli Fazal 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 and 3 are the parents-in-laws of the complainant. 3.
Ld. APP for the State submits that in the present case, the petitioners are the only accused persons and respondent No.
is the complainant/victim. He further submits that charge-sheet has been filed in the present FIR.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
It is submitted that parties have settled their disputes before the Mediation Centre, Karkardooma Court, Delhi on 03.11.2023. In terms of the settlement, the marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 22.03.2024 passed by Family Court-01, Saket Courts, New Delhi. Further, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.3,00,000/- 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.2,00,000/- has already been paid and the balance amount of Rs.1,00,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 928984 dated 18.01.2024 drawn on State Bank of India.
5.
Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by I.O./SI Prince Kumar, P.S. Mandawli Fazal Pur, Delhi.
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 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 demand draft of Rs.1,00,000/-, 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.
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 the encashment of the aforesaid demand draft of Rs.1,00,000/-.
10.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J OCTOBER 22, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.