Delhi High Court - Orders
Sh. Vikash Kumar & Ors vs The State & Anr on 31 January, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 408/2022
SH. VIKASH KUMAR & ORS. ..... Petitioners
Through Mr.Shailender Dahiya, Advocate with
petitioners in person through V.C.
versus
THE STATE & ANR. ..... Respondents
Through Mr.Hirein Sharma, APP for State with
SI Surendra Singh, PS Narela.
Mr.Kamal Kumar, Advocate for
Complainant/Respondent No.2 with
respondent No.2 in person through
V.C.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 31.01.2022 CRL.M.A. 1870/2022
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 408/20221. The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No.44/2017 registered under Sections 498A/406/34 IPC at Police Station Narela, 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). Petitioner Nos.2 to 4 are the father-in-law, mother-in-law and sister-in-law Signature Not Verified Digitally Signed By:VIRENDRA KUMAR Signing Date:01.02.2022 17:08:39 of the complainant respectively.
3. Learned APP for the State, on instructions, submits that the charge sheet in the present case has been filed, as per which, the petitioners are the only accused persons and respondent No.2 is the complainant/victim.
4. Learned counsels for the parties submit that with the intervention of family members, relatives and friends, the parties have settled their disputes amicably. In terms of the settlement, petitioner No. 1 and respondent No. 2 have already been granted divorce by mutual consent vide divorce decree dated 20.09.2021 passed by the Family Court, Kaithal in HMA No. 98/2021. It was further agreed that a sum of Rs.14,00,000/- 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 submitted that the entire settled amount has been paid to respondent No.2.
5. The petitioners and respondent No. 2, who have joined the V.C. proceedings, are identified by their respective counsels as well as by the Investigating Officer/SI Surendra Singh, P.S. Narela, Delhi, who has also joined the V.C. proceedings.
6. Respondent No.2 acknowledges the receipt of the aforesaid amount. She states that she has entered into the aforesaid settlement out of her own free will, volition and without any coercion. She also states that she has no objection if the present FIR and consequent proceedings are quashed, as she is left with no claim against the petitioners.
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.
Signature Not Verified Digitally Signed By:VIRENDRA KUMAR Signing Date:01.02.2022 17:08:399. 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.
10. With the above directions, the petition is disposed of.
MANOJ KUMAR OHRI, J JANUARY 31, 2022v Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:VIRENDRA KUMAR Signing Date:01.02.2022 17:08:39