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

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9427/2024 RAJNESH KUMAR & ORS.

.....Petitioners Through:

Mr. Jatin Rajput, Advocate with petitioners in person versus STATE NCT OF DELHI & ANR .....Respondents Through:

Mr. Shoaib Haider, APP for State.

R-2 in person. SI Sapna, P.S. Aman Vihar Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.12.2024 CRL.M.A. 36164/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 9427/2024 1.

By way of present petition filed, the petitioners seek quashing of FIR No.589/2014 registered under Sections 498A/406/34 IPC at P.S. Aman 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 & 3 are the in-laws of the complainant. 3.

Learned APP for the State submits that in the present case, the chargesheet stands filed. It is further submitted that the petitioners are the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

only accused persons against whom the chargesheet has been filed and charges have been framed and respondent No. 2 is the complainant/victim. It is also submitted that the parties have one minor girl child who is presently in the custody of respondent No.2.

4.

Learned counsel for the petitioners submits that the parties have settled their dispute on 07.02.2024 vide Settlement before learned Principal Judge, Family Courts, North West, Rohini, Delhi. It is stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 02.08.2024 in HMA No.2011/2024. It is further submitted that out of the settled amount, remaining balance amount of Rs.2,00,000/- is being paid today to respondent No.2 by way of a demand draft bearing No.727198 dated 26.11.2024 drawn on State Bank of India. In terms of the settlement, respondent No. 2 is now left with no claims or grievances whatsoever against the petitioners.

5.

The petitioners, who are present in Court, have been identified by their counsel as well as by the Investigating Officer. Learned counsel for the petitioners, on instructions from petitioner No.1, submits that petitioner No.1 is ready and willing to state that rights of the minor child as available under the law, who is in the custody of respondent No.2, shall remain unaffected by the terms of the aforesaid settlement. The petitioner No.1 is present in person and reiterates the same. In acknowledgement of the said statement, petitioner No.1 and his counsel have signed the order sheets. 6.

Respondent No.2 is also present in Court and has been identified by the Investigating Officer. Respondent No. 2 states that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

consequent proceedings are quashed subject to encashment of the aforesaid demand draft 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 undertakings 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 quashed subject to encashment of the aforesaid demand draft. 10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J DECEMBER 02, 2024/ssc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.