Jitender Sharma & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3348/2024 & CRL.M.A. 32216/2024 JITENDER SHARMA & ORS.

.....Petitioners Through:

Mr. Kartik Kumar Aggarwal and Mr.

Vikas Chauhan, Advs. with petitioner no. 1 & 2 in person.

Petitioner no. 3 (through V.C.).

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) for State with Ms. Priyam Agarwal and Mr. Abhinav Kumar Arya, Advs.

SI Rahul Ranjan, PS Harsh Vihar.

Mr. Akash Gautam and Mr. Dushyant Chaudhary, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.10.2024 1.

By way of present petition, the petitioners seek quashing of FIR No.321/2022 registered under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition 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 petitioner No.1 (husband) whereas petitioner No.2 the is father-in-law and petitioner No. 3 the is sister-in-law of the complainant.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. 4.

Learned counsel for the petitioners submits that the parties have settled their dispute before the Delhi Mediation Centre. Karkardooma Courts, Delhi on 10.02.2023. It is stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 15.02.2024 in HMA No.195/2024. It is further submitted that out of the total settled amount of Rs. 9,50,000/- towards the full and final settlement, the remaining balance of an amount of Rs.3,00,000/- is being paid today through a demand draft bearing No.723893 dated 18.10.2024 drawn at State Bank of India, Shahdara Branch, Delhi. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners. 5.

Learned counsel for the petitioners, on instructions from the petitioner No.1, submits that the petitioner No.1 is ready and willing to state that the rights of the minor child, who is in the custody of respondent No.2, as available under the law shall remain unaffected by the terms of the settlement. The petitioner No.1, who is present in the Court reiterates the same.

6.

The petitioner No. 1 & 2, who are present in the Court and petitioner No. 3 has joined through video-conferencing, have been identified by their counsel and the Investigating Officer/SI Rahul Ranjan, P.S. Harsh Vihar. Respondent No.2, who is present in the Court, has also been identified by the Investigating Officer and her counsel.

7.

Respondent No. 2 states that she has entered into the aforesaid mediation settlement/agreement with her own free will, volition and without any coercion. She further states that she has no objection if 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.

and consequent proceedings are quashed, subject to encashment of the aforesaid demand draft handed over to her today. 8.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

9.

The parties shall remain bound by the statements and undertakings made in Court today.

10.

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. 11.

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