Nirbhay Chauhan & ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8417/2024 and CRL.M.A. 32144/2024 NIRBHAY CHAUHAN & ORS.

.....Petitioners Through: Mr.Raj Kumar and Ms.Megha M., Advocates with petitioners in person versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI.....

Mr.Sourabh Khaneja, Mr.Deepak Panwar and Ms.Deepika, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.10.2024 1.

By way of the present petition, the petitioners seek quashing of FIR No.28/2022 registered under Sections 498-A/406/34 IPC and Section 4 of DP Act at P.S. Harsh Vihar, 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 petitioners wherein, petitioner No.1 is the husband and petitioner Nos.2 to 4 are the in-laws of the complainant.

3.

Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

present case. He further submits that the chargesheet in the present case has been filed.

4.

Learned counsels for the parties submit that the parties have settled their dispute vide Agreement/Settlement Deed dated 10.04.2024. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 30.07.2024 passed by learned Judge, Family Court, Shahdara District, Karkardooma, Delhi in HMA No.1347/2024. It is further submitted that out of the total settlement amount, the balance amount of Rs.4,00,000/- is being paid today through a demand draft bearing No.383982 dated 08.10.2024 drawn on Punjab & Sind Bank. 5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the concerned Investigating Officer.

6.

Respondent No.2 states that she has entered into the aforesaid Agreement/Settlement Deed out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements 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 the aforesaid demand draft. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The petition is disposed of in the above terms alongwith the pending application.

MANOJ KUMAR OHRI, J OCTOBER 24, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.