Rajesh Mohanty And ORS v. State Govt. Of NCT Of Delhi And ANR.
$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3791/2024, CRL.M.A. 36432/2024 RAJESH MOHANTY AND ORS .....Petitioners Through:
Mr. Sandeep Yadav, Advocate with petitioner Nos. 1 and 2 in person and petitioner Nos. 3 and 4 through V.C.
versus STATE GOVT. OF NCT OF DELHI AND ANR......Respondents Through:
Mr. Sanjay Lao, Standing Counsel for State with Mr. Abhinav Kr. Arya and Ms. Priyam Agarwal, Advocates with SI Sunder, P.S. Nangloi.
Respondent No.2 in person with her counsel.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 04.12.2024
O R D E R
1.
The present petition has been preferred on behalf of the petitioners seeking quashing of FIR No. 525/2019 registered under Sections 498A/406/34 IPC at P.S. Nangloi Outer District, 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/respondent No.2. 3.
Ld. APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim. 4.
Learned counsel for the petitioners submits that the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
settled their disputes before the Counselling Cell, West District, Tis Hazari Court, Delhi on 20.07.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 03.05.2024 passed by the Family Court, West Disrict, Tis Hazari Court, Delhi in HMA No. 1137/2024. It was agreed that a sum of Rs.18,50,000/-, as full and final settlement, shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount, a sum of Rs.12,00,000/- has already been paid and remaining balance amount of Rs.6,50,000/- is being paid today a demand draft bearing No. 001163 dated 19.11.2024 drawn on Bandhan Bank.
5.
Petitioner No.1, who is present in Court, undertakes that rights of their minor child namely Rishab Rajesh Mohanty, who is in custody of respondent No.2, shall remain unaffected by the terms of the settlement. In acknowledgement of the statement made in Court today, petitioner No.1 as well as his counsel have signed the present order sheet. 6.
Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by the I.O. 7.
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 encashment of demand draft of Rs.6.50 lacs given to her today in Court.
8.
Learned counsel for the petitioners submits that no other proceedings are pending between the parties.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
The parties shall remain bound by the statements and undertaking made in Court today.
10.
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 aforesaid demand draft. 11.
With the above directions, writ petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J DECEMBER 4, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.