Deepak Joshi & ORS. v. State (NCT Of Delhi) & ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8593/2024, CRL.M.A. 32837/2024 DEEPAK JOSHI & ORS.

.....Petitioners Through:

Mr. Arvind Aggarwal, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for State with SI Dharmveer, P.S. Chhawla.

Mr. Mukul Girdhar, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 29.10.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 120/2021 registered under Sections 498-A/406/34 IPC at P.S. Chhawla 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 to 5 are in-laws of the complainant. 3.

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

It is submitted that parties have settled their disputes before the Memorandum of Understanding dated 06.12.2023, a copy of which has been placed on record. In terms of the settlement, marriage between the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

has already been dissolved vide decree of divorce by mutual consent dated 16.04.2024 passed by Family Court, South West, Dwarka, Delhi in HMA No. 1095/2024. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay a sum of Rs.15,00,000/- 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.10,00,000/- has already been paid and remaining balance amount of Rs.5,00,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 751562 dated 01.08.2024 drawn on State Bank of India.

5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./SI Dharmveer, P.S. Chhawla.

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 entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners, subject to encashment of demand draft of Rs.5 lacs 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed, subject to encashment of aforesaid demand draft of Rs.5 lacs. 10.

With the above directions, the petition is disposed of alongwith pending application.

MANOJ KUMAR OHRI, J OCTOBER 29, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.