Santosh And ORS. v. The State NCT Of Delhi & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8613/2024 & CRL. MA 32936/2024 SANTOSH AND ORS.

.....Petitioners Through:

Mr. Krishan Kumar and Mr. Pawan Kumar, Advocates with petitioners in person.

versus THE STATE NCT OF DELHI & ANR .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Sudhir Dahiya PS Aman Vihar, Delhi.

Ms Upasana Trivedi, Advocate for respondent no.2 with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.11.2024 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 08/2021 registered under Sections 498-A/406/34 IPC at P.S.Aman 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) and petitioner Nos. 2 to 6 are the in-laws of the complainant/respondent no.2. 3.

Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further states that charge-sheet has been filed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

He further states that there is a child born out of the wedlock who is residing with respondent no.2.

4.

Learned counsel for the parties submits that the parties have settled their disputes before the Counselling Cell, Rohini Courts, Delhi on 20.12.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 31.08.2024 passed by the Family Court, Rohini, Delhi in HMA No. 2230/2024. It was agreed that a sum of Rs.4,50,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount of Rs.4,50,000/-, remaining balance amount of Rs.1,00,000/- has been paid through a demand draft bearing number 224900 drawn on Punjab National Bank, Paschim Vihar, New Delhi, a photocopy of which has been placed on record.

5.

Petitioners and respondent no.2, who are present in Court, have been identified by their counsels as well as by I.O./ SI Sudhir Dahiya PS Aman Vihar, Delhi.

6.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 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 the demand draft of Rs.1,00,000/- handed over to her today. 7.

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

8.

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

aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of aforesaid demand draft of Rs.1 lac. 9.

With the above directions, the petition is disposed of alongwith miscellaneous applications.

MANOJ KUMAR OHRI, J NOVEMBER 4, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.