Amit Kumar Gupta & ORS. v. State (NCT Of Delhi) Through Sho P.S. Kalkaji & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10145/2024 & CRL. MAs 38945-46/2024 AMIT KUMAR GUPTA & ORS.

.....Petitioners Through:

Mr. Bharat Sharma with Mr. Shyam Lal, Advocates with petitioners in person.

versus STATE (NCT OF DELHI) THROUGH SHO P.S. KALKAJI & ANR .....Respondents Through:

Mr. Shoaib Haider, APP fro State with SI Deepika PS Kalkaji, Delhi.

Mr.

S.

Gupta, Advocate for respondent no.2 with 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. 215/2023 registered under Sections 498-A/406/34 IPC at P.S. Kalkaji, 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). 3.

Mr. Shoaib Haider, learned APP for the State submits that in the present case petitioners are the only accused and respondent No. 2 is the complainant/victim. He states that charge-sheet has not yet been filed. 4.

Learned counsel for the parties submits that the parties have settled their disputes in January 2024. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

14.08.2024 passed by the Family Court, Saket New Delhi in HMA No. 1433/2024. It is stated that all payments have been made by the petitioner no.1 to the respondent no.2 towards her claims qua maintenance, stridhan, alimony, etc.

5.

Learned counsel for the petitioners, on instructions from the petitioner No.1, submits that petitioner No.1 is ready and willing to state that rights of the minor child, who is in the custody of respondent No.2, as available under the law shall remain unaffected by the terms of the settlement. An affidavit in this regard has been placed on record.

6.

Petitioners and respondent no.2, who are present in Court, have been identified by their counsel as well as by I.O./ SI Deepika PS Kalkaji, Delhi. 7.

Respondent No. 2 states that she has settled her disputes with the petitioners 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 petitioner. 8.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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.

11.

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

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

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.