Nikhil Dhingra And ORS v. State Govt Of NCT Of Delhi & ANR
$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9896/2024 and CRL.M.A. 37899/2024 NIKHIL DHINGRA AND ORS .....Petitioners Through: Mr.Abhishek Chaudhary, Advocate with petitioners in person versus STATE GOVT OF NCT OF DELHI & ANR .....Respondents Through: Mr.Shoaib Haider, APP for State with WSI N. Tiamenla Mr.Sunil K. Mittal, Mr.Harsheit V and Ms.Muskan, Advocates for respondent No.2 with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 17.12.2024 1.
By way of the present petition, the petitioners seek quashing of FIR No.89/2023 registered under Sections 498A/406/34 IPC at P.S. Geeta Colony, 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 the petitioners wherein, petitioner No.1 is the husband and petitioner Nos.2 to 5 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsels for the parties submit that the parties have settled their dispute vide Memorandum of Understanding/Settlement Deed dated 24.02.2024. 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 29.05.2024 passed by the learned Judge, Family Court02, Karkardooma Courts, Shahdara, Delhi in HMA No.1028/2024. It is further submitted that out of the total settlement amount, the balance amount of Rs.4,00,000/- is being paid today through a demand draft bearing No.418265 dated 05.11.2024 drawn on Canara Bank to respondent No.2/complainant.
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/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 encashment of the aforesaid demand draft.
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 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.
10.
The petition is disposed of in the above terms alongwith the pending application.
MANOJ KUMAR OHRI, J DECEMBER 17, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.