Kumar Viplove & ORS. v. State Of NCT Of Delhi & ANR.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8845/2024, CRL.M.A. 33820/2024 KUMAR VIPLOVE & ORS.

.....Petitioners Through:

Mr. Mohit Rana and Ms. Ayushi, Advocates with petitioners in person.

Versus

STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with PSI Neeraj Kumar, P.S. Dwarka South.

Mr. R.S. Sharma, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 12.11.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0374/2023 registered under Sections 498-A/406/34 IPC at P.S. Dwarka South, 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 4 are in-laws of the complainant. 3.

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

It is submitted that the parties have settled their disputes before the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi Mediation Centre, Dwarka Court, New Delhi on 21.05.2024. In terms of the settlement, marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 28.08.2024 passed by Family Court-01, South West, Dwarka, Delhi in HMA No. 2434/2024. Further, it was agreed between the parties that petitioner No.1 shall pay a sum of Rs.8,00,000/- 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.5,00,000/- has already been paid and the balance amount of Rs.3,00,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 507592 dated 13.09.2024 drawn on ICICI Bank, New Delhi. 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 entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners, subject to the encashment of the demand draft of Rs.3,00,000/- 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.

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 the encashment of aforesaid demand draft of Rs.3,00,000/-.

10.

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

MANOJ KUMAR OHRI, J NOVEMBER 12, 2024/ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.