Atul Singh v. State NCT Of Delhi And ANR
$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.
8478/2024, CRL.M.A.
32346/2024, CRL.M.A.
32347/2024 ATUL SINGH .....Petitioner Through:
Mr.
Girdhari Singh and Mr.
Markandey Gupta, Advocates with petitioner in person.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Udai Singh, P.S. Saket.
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 petitioner seeking quashing of FIR No. 145/2012 registered under Sections 498-A/406/34 IPC at P.S. Saket 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 (husband) is accused. 3.
Ld. APP for the State submits that in the present case petitioner is the only accused and respondent No. 2 is the complainant/victim. 4.
It is submitted that parties have settled their disputes before the Delhi Mediation Centre, Saket Court, New Delhi on 06.01.2024, 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 by mutual consent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
dated 05.04.2024 passed by Family Court, Patiala House Court, New Delhi in HMA No. 637/2024. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.3,70,000/- 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.2,50,000/- has already been paid and remaining balance amount of Rs.1,20,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 451937 dated 08.10.2024 drawn on Central Bank of India.
5.
Petitioner, who is present in Court, has been identified by his counsel as well as by I.O./SI Udai Singh, P.S. Saket. While referring to para 8 of the Settlement, the petitioner reiterates that rights of their minor child shall remain unaffected by the terms of the Settlement. 6.
Respondent No. 2 states that she has settled her disputes with the petitioner 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.1.20 lacs. 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. 1.20 lacs. 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 pending applications.
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.