Shahbaz Khan & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3125/2019 SHAHBAZ KHAN & ORS.

..... Petitioner Through:

Mr M. A. Inayati, Advocate.

versus STATE & ANR.

..... Respondents Through:

Mr Ranbir Singh Kundu, ASC for State with Mr Shivom Saharon, Advocate for State with ASI Liyakat Ali, PS Jamia Nagar, New Delhi.

Md. Sakhawat Reza and Ms Sajna Parween, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.11.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.0060/2019 under Sections 498A/406/34 of the IPC registered with PS Jamia Nagar and all proceedings emanating therefrom, be quashed. The said FIR was registered at the instance of respondent no.2. 2.

The present petition is premised on a settlement arrived at between petitioner no.1 and respondent no.2.

They were married and certain matrimonial disputes had arisen between them. They have resolved the same by agreeing to dissolve their marriage by mutual consent. An order to the aforesaid effect has already been passed by the learned Family Court,

South East, Saket.

3.

In terms of the said settlement, petitioner no.1 had agreed to pay a sum of ₹80,000/- in full and final settlement of all claims made by respondent no.2. Out of the aforesaid amount, a sum of ₹40,000/- has already been paid.

4.

The learned counsel appearing for the petitioners state that the balance sum of ₹40,000/- has already been paid to respondent no.2. 5.

Respondent no.2 is present in the Court and is identified by the Investigating Officer.

She states that she has no grievance against the petitioners and has resolved all disputes with them. She also acknowledges that she has received a sum of ₹80,000/- from petitioner no.1 and further states that she has no further claims against the petitioners. 6.

The petitioners are present in the Court and identified by their counsel. They state that they have no grievances against respondent no.2. Both the parties (petitioners and respondent no.2) jointly pray that the FIR in question be quashed.

7.

In view of the aforesaid statements made by the petitioners and respondent no.2, this Court considers is apposite to allow the present petition.

8.

Accordingly, FIR No.0060/2019 under Sections 498A/406/34 of the IPC registered with PS Jamia Nagar and all proceedings emanating therefrom, are quashed.

9.

The parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of the statements recorded herein. VIBHU BAKHRU, J NOVEMBER 07, 2019 MK