Disposed

Sachin Yadav & Ors. v. State of NCT of Delhi and Anr.

Delhi HC3 Sept 2024CRL.M.C./6915/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of FIR No. 0232/2022 under Sections 498-A/406/34 IPC at P.S. Saket after matrimonial dispute was settled via MOU dated 02.05.2024; marriage dissolved by mutual consent decree dated 12.07.2024 and settlement amount of Rs. 5,50,000 paid to respondent No.2. Court quashed FIR subject to encashment of demand draft for balance Rs.1.50 lacs.

What did the court decide?

FIR and consequent proceedings quashed subject to encashment of demand draft of Rs.1.50 lacs.

Sachin Yadav & Ors. Vs State of NCT of Delhi and Anr. — Domestic Violence | Delhi HC (2024)

¶1

$~61

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 6915/2024

¶4

SACHIN YADAV & ORS. .....Petitioners

¶5

Through: Mr. Nishant Chowdhary, Advocate with petitioners in person.

¶6

versus

¶7

STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with IO/SI Udai, P.S. Seket. Ms. Arzoo Prakash and Mr. Naman Jain, Advocates for respondent No.2 with respondent No. 2 in person.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

¶10

% 03.09.2024

¶11

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0232/2022 registered under Sections 498-A/406/34 IPC at P.S. Saket, Delhi, on the ground that the parties have amicably settled their disputes.

¶12

The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and the petitioner No. 1 (husband) whereas the petitioner Nos. 2 and 3 are the sister-in-law and the mother-inlaw of the complainant, respectively.

¶13

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.

¶14

It is submitted that the parties have settled their disputes vide

¶15

This is a digitally signed order.

¶16

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 10/09/2024 at 12:11:10

¶17

MOU/Compromise Deed dated 02.05.2024, a copy whereof has been placed on record. In terms of the settlement, the marriage between the parties has already been dissolved vide decree of divorce by mutual consent dated 12.07.2024, passed by Family Court, South District, Saket Courts, New Delhi in HMA No. 1207/2024. Further, it was agreed between the parties that the petitioner No.1 shall pay a sum of Rs.5,50,000/- to the respondent No. 2 as full and final settlement towards all her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.4,00,000/- has already been paid and the balance amount of Rs.1,50,000/- is being paid today to the respondent No.2 through a demand draft bearing No. 469908 dated 29.08.2024 drawn on State Bank of India.

¶18

The Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by the I.O./ SI Udai, P.S. Saket, Delhi.

¶19

Respondent No. 2 submits that she has settled her disputes with the petitioner No.1 out of her own free will, volition and without any coercion. She also acknowledges the receipt of the entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners, subject to the encashment of demand draft of Rs.1.50 lacs, handed over to her today.

¶20

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

¶21

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

¶22

In view of the above facts and since no useful purpose will be served

¶23

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 10/09/2024 at 12:11:10

¶24

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 of Rs.1.50 lacs.

¶25

With the above directions, the petition is disposed of.

¶26

MANOJ KUMAR OHRI, J

¶27

SEPTEMBER 3, 2024

¶28

¶29

This is a digitally signed order.

¶30

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 10/09/2024 at 12:11:10

Sachin Yadav & Ors. v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Sachin Yadav & Ors. v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hari Om Jindal Vs the State NCT of Delhi

Komal Vs State (Gnct of Delhi ) and Anr.

Manmeet Singh Soni & Ors. Vs State NCT of Delhi and Anr.

Sonu Singh Vs State & Anr.

Arri Production House & Anr. & Anr. & Anr. Vs Frankfinn Entertainmant Company Pvt.Ltd.

Mukul Chawla and Ors. Vs the State of NCT of Delhi and Anr.