Sh Abhishek Jain & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3450/2024 SH ABHISHEK JAIN & ORS.

.....Petitioners Through:

Mr. Vaibhav Nijhawan and Mr. R.D.

Singh, Advocates with petitioners Nos. 1 and 3 in Court and petitioner No.2 through V.C.

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

Ms. Rupali Bandhopadhya, ASC for State with Mr. Abhijeet Kumar, Advocate alongwith SI Vineet, P.S.

Madhu Vihar.

Respondent No.2 in Court with her counsel.

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. 355/2022 registered under Sections 498-A/406/34 IPC at P.S. Madhu 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) whereas petitioner Nos. 2 and 3 are the brother-in-law and mother-in-law of the complainant, respectively.

3.

Ld. APP for the State submits that in the present case, the petitioners are the only accused persons and respondent No.

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

complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 25.04.2024, 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 dated 14.08.2024 passed by Family Court, Shahdara District, Karkardooma Courts, Delhi in HMA No. 1465/2024. Further, it was agreed between the parties that petitioner No.1 shall pay a sum of Rs.6,00,000/- 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.3,50,000/- has already been paid and remaining balance amount of Rs.2,50,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 802157 dated 05.11.2024 drawn on Bank of Baroda. 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.2,50,000/- 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 the aforesaid demand draft of Rs.2,50,000/-.

9.

With the above directions, the petition is disposed of. 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.