Arvind Kumar Agrahari & ORS. v. The State Of NCT Of Delhi & ANR.
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9473/2024 ARVIND KUMAR AGRAHARI & ORS.
.....Petitioners Through:
Mr. Anuj Agarwal and Mr. S. K.
Sharan, Advocates along with petitioners in person.
versus THE STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Nawal Kishore Jha, APP for State.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 03.12.2024
O R D E R
CRL.M.A. 36352/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
CRL.M.C. 9473/2024 1.
The present petition has been filed on behalf of the petitioners seeking quashing of FIR No.
24/2019 registered under Sections 498A/406/377/354/313/509/34 IPC at P.S. Kishan Garh, 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) and petitioner Nos. 2 to 4 are in-laws of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further submits that the chargesheet in the present matter has been filed and Section 377 IPC has been levelled against petitioner No.1/husband. 4.
Learned counsel for the parties submit that the parties have settled their dispute vide Memorandum of Understanding dated 02.05.2024. It is stated that the parties have already been granted divorce by mutual consent vide judgement dated 04.07.2024 passed by the Family Court, Patiala House Courts, New Delhi in HMA No. 619/2024. It is further submitted that out of the total settlement amount of Rs.59,50,000/-, the balance amount of Rs.29,50,000/- is being paid today through a demand draft bearing No.003646 drawn on IDBI Bank. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners. 5.
The petitioners and respondent No.2, who are present in the Court, 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 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 encashment of demand draft of Rs.29,50,000 given to her in Court today. 7.
Learned counsels for the parties submit that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements made in Court today.
9.
In view of the above facts and since no useful purpose will be served The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 aforesaid demand draft. 10.
The petition is disposed of in the above terms alongwith the pending application.
MANOJ KUMAR OHRI, J DECEMBER 03, 2024/ssc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.