Neeraj Maggon And ANR. v. State Govt. Of NCT Of Delhi And ANR.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10103/2024 & CRL. MAs 38763-64 NEERAJ MAGGON AND ANR .....Petitioner Through:

Ms. Rajdipa Behura, Senior Advocate with Mr.

Shaswat Kabi, Mr.

Philomon Kani, Ms. Neha Dobrial, Ms. Simrat Kaur Sareen and Ms.

Aishwarya Gupta, Advocates.

versus STATE GOVT. OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Shoaib Haider, APP fro State with SI Mukesh PS Tilak Nagar, Delhi.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.12.2024 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0245/2019 registered under Sections 498-A/406/34 IPC at P.S. Tilak 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 No. 2 is the mother-in-law of the complainant. 3.

Mr. Shoaib Haider, learned APP for the State submits that in the present case, the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further submits that the charge-sheet already The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

stands filed.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Tis Hazari Courts on 06.07.2024. In terms of the settlement, the parties have already been granted divorce vide divorce decree dated 17.05.2024 passed by the Family Court, Central, West District, Tis Hazari Court, Delhi in HMA No. 3401/2018. Further, it was agreed that a sum of Rs.5,50,000/- shall be paid by petitioner No. 1 to respondent No. 2 as full and final settlement towards all her claims qua maintenance, stridhan, alimony, etc. It is also submitted that out of the settled amount of Rs.5,50,000/-, balance amount of Rs.3,50,000/- is being transfer today through banking transaction. 5.

The petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Mukesh PS Tilak Nagar, Delhi. Learned counsel for the petitioners states, upon instructions from the petitioner No.1, that the rights of the minor child, who is in custody of respondent No.2, shall remain unaffected by the terms of the settlement arrived at between the parties. Petitioner No.1 also reiterates the same and in acknowledgement of the said statement, petitioner No.1 and his counsel have signed the order sheet.

6.

Respondent No. 2, who is also present in Court and identified by the I.O., states that she has settled her disputes with petitioner No.1 out of her own free will, volition and without any coercion. She further submits that the present petition has been preferred by the petitioners belatedly and therefore, prays that an interest on the amount of Rs.3,50,000/- be also paid to her. In view of the same, petitioner No.1 shall now transfer an amount of Rs.3,55,000/- to the account of the respondent No.2. She also submits that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

she has no objection in case the present FIR is quashed against the petitioners, subject to the receipt of aforesaid amount transferred to her account by the petitioner No.1.

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 undertaking 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 receipt of the aforesaid amount by respondent No.2. 10.

With the above directions, the petition is disposed of alongwith miscellaneous applications.

MANOJ KUMAR OHRI, J DECEMBER 23, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.