Disposed

Rahul & Ors. v. State of NCT Delhi & Anr.

Delhi HC23 Aug 2024W.P.(CRL)/2583/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR arising from a matrimonial dispute after settling with the complainant before mediation; divorce was granted by mutual consent. The complainant confirmed the settlement was voluntary. The court quashed the FIR and consequential proceedings subject to encashment of the balance settlement demand draft.

What did the court decide?

FIR No.532/2022 and consequent proceedings quashed subject to encashment of demand draft for Rs.2,50,000/-.

Rahul & Ors. Vs State of NCT Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~85

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 2583/2024 and CRL.M.A. 25254/2024 RAHUL & ORS. .....Petitioners Through: Mr.Piyush Pahuja, Mr.Upender Kumar, Ms.Nancy G., Mr.Ajit Ravi, Advocates with petitioners in person

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versus STATE OF NCT DELHI & ANR. .....Respondents Through: Mr.Sanjay Lao, Standing Counsel for State with SI Sarita Mr.Mukesh Sehrawat, Advocate for respondent No.2 with respondent No.2 in person

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R

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% 23.08.2024

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By way of present petition, the petitioners seek quashing of FIR No.532/2022 registered under Sections 498A/406/34 IPC at P.S. Baba Hari Das Nagar, Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No.1 (husband) whereas petitioner Nos.2 to 4 are the in-laws of the complainant.

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Learned APP for the State submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim.

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Learned counsels for the parties submit that the parties have settled their dispute on 29.02.2024 before Delhi Mediation Centre, Rohini District Courts, Delhi. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 03.06.2024 passed by learned Principal Judge, Family Court, North Rohini

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/08/2024 at 12:36:58

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Courts, Delhi in HMA No.914/2024. It is further submitted that out of the settlement amount, the balance amount of Rs.2,50,000/- is being paid today through a demand draft bearing No.431274 dated 07.08.2024 drawn on Central Bank of India. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

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The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

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Respondent No.2 states that she has entered into the aforesaid mediation ssettlement 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 handed over to her today.

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Learned counsels for the parties submit that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements made in Court today.

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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.

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The petition is disposed of in the above terms alongwith the pending application.

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MANOJ KUMAR OHRI, J

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AUGUST 23, 2024/ na

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Rahul & Ors. v. State of NCT Delhi & Anr.

Case brief

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Rahul & Ors. v. State of NCT Delhi & Anr.

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