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* IN THE HIGH COURT OF DELHI AT NEW DELHI

• CRL.M.C. 1783/2024, CRL.M.A. 6804/2024

RAHUL KHANNA ..... Petitioner

Through: Mr. Bharat Bhushan, Mr. K.B. Relan and Mr. Nakul Arora, Advocates with petitioner in person.

versus

GOVT OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Vijay Pal Singh, P.S. CWC Nanakpura, New Delhi. Respondent Nos. 2 and 3 alongwith their counsel.

CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 29.04.2024

1. The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 157/2010 registered under Sections 498-A/406 IPC at P.S. Nanak Pura, New 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 (husband) and respondent No.3 is brother of respondent No.2.

3. Mr. Jha, learned APP for the State submits that in the present case petitioner is the only accused and respondent Nos. 2 and 3 are the complainants/victims.

4. Learned counsel for the petitioner submits that the parties have settled their disputes vide Settlement dated 09.05.2022. In terms of the settlement,

the parties have already been granted divorce by mutual consent vide divorce decree dated 25.05.2023 passed by the Family Court, East, Karkardooma Court, Delhi in HMA No. 807/2022. It was agreed that a sum of Rs.17,00,000/-, as full and final settlement, shall be paid by the petitioner to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.10,00,000/- has already been paid and remaining balance amount of Rs.7,00,000/- has been paid today to respondent No.2 through RTGS. It is further submitted that petitioner has also filed the requisite affidavit in terms of Ganesh v. Sudhirkumar Shrivastava and Others reported as 2019 SCC OnLine SC 1107 thereby stating that the rights of their minor child shall not be affected by the terms of the settlement.

5. Petitioner and respondent Nos.2 and 3, who are present in Court, have been identified by their respective counsel as well as by I.O./SI Vijay Pal Singh, P.S. CWC Nanakpura.

6. Respondent No. 2, who is present alongwith her brother i.e. respondent No.3, states that she settled her disputes with petitioner of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount, however, states that the same has been paid after a delay of almost a year. She further states that she has no objection in case the FIR and the consequent proceedings are quashed.

7. At this stage, learned counsel for the petitioner, on instructions, states that in order to compensate her, another sum of Rs.20,000/- shall be paid to respondent No.2 within a week either through demand draft through IO or through RTGS.

8. Learned counsels for the parties, on instructions, further submit that

efforts would also be made to seek quashing of remaining FIRs, pending between the parties and both the parties will cooperate with each other.

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, subject to receipt of Rs.20,000/- by the respondent No.2.

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

MANOJ KUMAR OHRI, J

APRIL 29, 2024 ga