Nadeem And ORS v. State (Govt. Of NCT Of Delhi) And ANR
$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1626/2024 NADEEM AND ORS .....Petitioner Through:
Ms. Jyoti, Advocate (through VC) versus STATE (GOVT. OF NCT OF DELHI) AND ANR .....Respondents Through:
Mr. Utkrash, APP for the State with Inspr. Dinesh Chandra, PS Khajuri Khas with Inspr. Dinesh Chandra, PS Khajuri Khas, Delhi Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 31.01.2025 1.
The present petition has been filed under Section 482 Cr. P.C. 1973, seeking quashing of FIR No. 114/2017 under Sections 498A/406/34 IPC read with 4 of the Dowry Prohibition Act registered at Police Station Khajuri Khas, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.
Learned APP appearing on behalf of the State accepts notice. 3.
The learned APP submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. 4.
Petitioner no. 1 (former husband) as well as petitioner nos. 2 & 3 who are close relatives of the petitioner no. 1 as also the respondent no. 2 (former The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
wife) are present in Court. The parties have been identified by the IO/Inspr. Dinesh Chandra, Police Station Khajuri Khas, Delhi. 5.
The brief facts of the case are that the marriage between the petitioner no.1 (former husband) and respondent no. 2 (former wife) was solemnized on 15.04.2016 according to Muslim Rites and Customs. 6.
On account of temperamental issues certain disputes arose between the parties and the respondent no. 2 started living separately w.e.f. 10.06.2016. The dispute between the parties also led to the registration of present FIR.
7.
During the pendency of the proceedings, the parties have arrived at a settlement, terms of which have been recorded in writing in the form of a Settlement dated 07.09.2019, which is annexed as Annexure-P2 to the present petition.
8.
In terms of the aforesaid settlement, the marriage between the parties has been dissolved by pronouncement of Talaq in accordance with the guidelines of the Hon'ble Supreme Court. A copy of the Talaqnama is annexed as Annexure-A to the present petition. 9.
It is a term of the settlement that petitioner no. 1 shall pay a sum of Rs. 2,00,000/- to the complainant/respondent no. 2 towards full and final settlement of all her claims including Istridhan, maintenance (present, past and future) and permanent alimony, etc. Out of the said settlement amount of Rs. 2 lakhs, the respondent no. 2 has already received Rs. 1.30 lakh and the balance sum of Rs. 70,000/- has been paid today. The respondent no. 2 acknowledges having received full and final settlement amount of Rs.2 lakhs.
10.
The respondent no.2 who is present in Court, on a query posed by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Court, affirms the factum of settlement and states that she has no objection in case the FIR is quashed.
11.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.
Consequently, the petition is allowed and the FIR No. 114/2017 under Sections 498A/406/34 IPC read with 4 of the Dowry Prohibition Act registered at Police Station Khajuri Khas, Delhi alongwith all other proceedings emanating therefrom, is quashed.
14.
The petition stands disposed of in the above terms. VIKAS MAHAJAN, J JANUARY 31, 2025 'rs'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.