CRL.M.C./7611/2024 of MR. ABHISHEK SHARMA & ORS. Vs THE STATE (GOVT. OF NCT OF DELHI) & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 7611/2024, CRL.M.A. 29041/2024

MR. ABHISHEK SHARMA & ORS.

.....Petitioners Through: Mr. M. Hasibuddin, Advocate with petitioners in person. petitioners in person.

versus

THE STATE (GOVT. OF NCT OF DELHI) & ANR......Respondents Through: Mr. Nawal Kishore Jha, APP for State with ASI Santosh Kumar, P.S. KNK Marg. Mr. R.K. Tarun, Mr. Sharwan Shakeel and Ms. Priyanka Yadav, Advocates for respondent No.2 with respondent No.2 in person. Through: Mr. Nawal Kishore Jha, APP for State with ASI Santosh Kumar, P.S. KNK Marg. Mr. R.K. Tarun, Mr. Sharwan Shakeel and Ms. Priyanka Yadav, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R R25.09.2024

The present petition has been filed on behalf of the petitioners seeking

quashing of FIR No. 177/2023 registered under Sections 498-A/406/509/34 IPC at P.S. K.N. Katju Marg, Delhi on the ground that the parties have amicably settled their disputes.

2. The present FIR is an outcome of matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No. 1 (husband) and petitioner Nos. 2 and 3 are in-laws of the complainant.

The present FIR is an outcome of matrimonial dispute between the

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.

He, on instructions, submits that charge-sheet has been filed in the present

FIR and there is no child born out of the wedlock.

4. It is submitted that parties have settled their disputes before the Delhi Mediation Centre, Rohini District Court, Delhi on 02.03.2024. In terms of the settlement, marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 03.08.2024 passed by Family Court, Rohini, Delhi. In terms of the settlement, it is agreed between the parties that petitioner No.1 shall pay sum of Rs.2,50,000/- as full and final settlement to respondent No. 2 towards all her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, sum of Rs.1,50,000/- has already been paid and remaining balance amount of Rs.1,00,000/- is being paid today to the respondent No.2 through demand draft bearing No. 525987 dated 10.09.2024 drawn on ICICI Bank, Janakpuri, New Delhi, photocopy of which has been placed on record. 5. Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./ASI Santosh Kumar, P.S. KNK Marg.

6. 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 the demand draft of Rs.1 lac given to her today.

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 aforementioned demand draft of Rs.1 lac. 10. With the above directions, the petition is disposed of alongwith pending application.

SEPTEMBER 25, 2024 ga

MANOJ KUMAR OHRI, J