Rishi Khanna and Ors v. State Govt. of NCT of Delhi and Anr

O R D E R %

20.11.2024

¶1The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 118/2022 registered under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act at P.S. South Rohini, Delhi on the ground that the parties have amicably settled their disputes.

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

¶3Learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. is the complainant/victim. He further submits that there is a child born out of the wedlock. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶4Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding/Settlement Deed dated 10.02.2024, a copy whereof has been placed on record. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 29.05.2024 passed by the Family Court, North West, Rohini Courts, Delhi in HMA No. 1338/2024. It was agreed that a sum of Rs.30,00,000/- 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 further submitted that out of the settled amount of Rs.30,00,000/-, remaining balance amount of Rs.10,00,000/- is being paid today through a demand draft bearing number 354428 drawn on Punjab National Bank, Paharganj, Delhi-110055 which at the request of respondent no.2 is handed over to her brother who is present in the Court and is identified by the IO.

¶5Learned counsel for the petitioners, on instructions from the petitioner No.1, submits that petitioner No.1 is ready and willing to state that rights of the minor child, who is in the custody of respondent No.2, shall remain unaffected by the terms of the settlement arrived at between the parties. The petitioner No.1, who is present in the Court reiterates the same. In acknowledgement of the said statement, petitioner No.1 and his counsel have signed the order sheet.

¶6The petitioners and respondent no.2 have joined the proceedings through VC and have been identified by their counsel as well as by I.O./ SI Ravinder PS Rohini South, New Delhi.

¶7Respondent No. 2 states that she has entered into the aforesaid Settlement Deed out of her own free will, volition and without any coercion. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. 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.10,00,000/- handed over to her brother today.

¶8Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

¶9The parties shall remain bound by the statements and undertaking made in Court today.

¶10In 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.

¶11With the above directions, the petition is disposed of.

MANOJ KUMAR OHRI, J NOVEMBER 20, 2024/rd

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9039/2024 RISHI KHANNA AND ORS .....Petitioner Through: Mr. Vivek Jain and Mr. Vaibhav, Advocates (M:9818719252) with petitioners in person. versus STATE GOVT. OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Ravinder PS Rohini South, New Delhi. Mr. Amarkant Vats, Advocate for respondent no.2 with respondent no.2 in person with her brother. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI