Nikhil Prasanna Jayan & ORS. v. State (Govt Of NCT Of Delhi) & ANR.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9089/2024 and CRL.M.A. 34829/2024 NIKHIL PRASANNA JAYAN & ORS.

.....Petitioners Through: Mr.K. Gireesh Kumar, Advocate with petitioners in person versus STATE (GOVT OF NCT OF DELHI) & ANR.

.....Respondents Through: Mr.Shoaib Haider, APP for State with SI Pawan Kumar Mr.Nitesh Tyagi, Ms.Priyanka Tyagi, Ms.Prachi Gupta, Advocates for respondent No.2 with respondent No.2 through and her SPA in Court

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 21.11.2024 1.

By way of the present petition, the petitioners seek quashing of FIR No.455/2021 registered under Sections 498A/406 IPC at P.S. Mukherjee Nagar, 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 the in-laws of the complainant. 3.

Learned APP for the State submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim in the present case. It is also submitted that the chargesheet stands filed. 4.

Learned counsels for the parties submit that the parties have settled their disputes vide Memorandum of Understanding / Settlement Deed dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

17.10.2024. In terms of the settlement, it is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 08.11.2024 passed by the learned Judge, Family Court01, Saket, New Delhi in HMA No.1928/2024. It is further submitted that out of the total settlement amount of Rs.10,00,000/- as full and final settlement, the balance amount of Rs.2,00,000/- is being paid today by petitioner No.1 through a demand draft bearing No.001818 dated 12.11.2024 drawn on HDFC Bank. On instructions from respondent No.2/complainant, who has joined the proceedings through V.C., the aforesaid demand draft is handed over today in Court to Satyam Sharma/SPA holder on behalf of respondent No.2, who is present in person.

5.

The petitioners and Satyam Sharma/SPA of respondent No.2, who are present in Court and respondent No.2, who has joined the proceedings through VC, have been identified by their respective counsels as well as by the Investigating Officer.

6.

Respondent No.2 states that she has entered into the aforesaid Memorandum of Understanding / Settlement Deed out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed, subject to the encashment of the aforesaid demand draft. 7.

The parties shall remain bound by the statements 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 aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of the aforesaid demand draft. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The petition is disposed of in the above terms alongwtih the pending application.

MANOJ KUMAR OHRI, J NOVEMBER 21, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.