Govind & ORS. v. The State Govt. Of NCT Of Delhi And ANR.
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8699/2024, CRL.M.A. 33253/2024 GOVIND & ORS.
.....Petitioners Through:
Mr. Dinesh Kumar Sharma, Mr.
Vikas Saini, Mr. Manish Malik and Mr. Ashish Balyan, Advocates with petitioners in person.
versus THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Shoaib Haider, APP for State with SI Anil Kumar, P.S. Vijay Vihar and SI Sandeep, P.S. Kanhawala.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 06.11.2024 1.
The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 274/2022 registered under Sections 498-A/406/34 IPC at P.S. Kanjhawala, 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 Nos. 2 to 5 are the in-laws of the complainant. 3.
Ld. APP for the State submits that in the present case, the petitioners are the only accused persons and respondent No.
is the complainant/victim. It is further submitted that the chargesheet stands filed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsel for the petitioners submit that the parties have settled their disputes before the Delhi Mediation Centre, Rohini District Courts, Delhi on 30.01.2023, 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 dated 21.05.2024 passed by Family Court, North West District, Rohini Court, Delhi in HMA 1138/2024. Further, it was agreed between the parties that petitioner No.1 shall pay a sum of Rs.4,75,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. It is also submitted that out of the total settled amount, a sum of Rs.4,00,000/- has already been paid and the balance amount of Rs.75,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 000024 dated 13.09.2024 drawn on Bank of India, Kirari Suleman Nagar Branch, New Delhi - 110086.
5.
The petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by the I.O. 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 the 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.75,000/- 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 the encashment of aforesaid demand draft of Rs.75,000/- .
10.
With the above directions, the petition is disposed of alongwith pending application.
MANOJ KUMAR OHRI, J NOVEMBER 6, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.