Rajkamal And Others v. State Of NCT Of Delhi And ANR

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8634/2024 & CRL. MA 33015/2024 RAJKAMAL AND OTHERS .....Petitioners Through:

Ms. Parul Verma, Advocate with petitioners in person.

versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Shoaib Haider, APP for State with SI Dinesh Kumar PS Nand Nagri, Delhi.

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. 779/2017 registered under Sections 498-A/406/506/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 at P.S. Nand Nagri, 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 4 are the in-laws of the complainant/respondent no.2. 3.

Mr. Shoaib Haider, learned APP for the State submits that in the present case petitioners are the only accused persons against whom charges have been framed and respondent No. 2 is the complainant/victim. He states that charge-sheet has been filed. He further states that there is a child born out of the wedlock.

4.

Learned counsel for the petitioners submits that the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settled their disputes before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 27.05.2019. In terms of the settlement, the parties have already been granted divorce by mutual consent by way of decree of divorce dated on 25.01.2022 passed by the Family Court, Karkardooma Courts, Delhi in HMA No. 1203/2020. It is further stated that all payments as full and final settlement has been made by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. 5.

Learned counsel for the petitioners, on instructions from the petitioner No.1, submits that 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 Court reiterates the same. In acknowledgement of the said statement, petitioner No.1 and his counsel have signed the order sheet.

6.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Dinesh Kumar PS Nand Nagri, Delhi. 7.

Respondent No. 2, who is also present in Court and has been identified by the I.O., 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 the entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners. 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.

10.

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

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.