Salman Faruqui & ORS. v. State & ANR.

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 301/2020 SALMAN FARUQUI & ORS.

..... Petitioners Through:

Mr Javed Ahmad, Advocate along with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Ms Nandita Rao, ASC (Crl.) for State with SI Vipin Teotia, PS Khajuri Khas.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.01.2020 CRL.M.A. 2273/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 301/2020 2.

The petitioners have filed the present petition, inter alia, praying that FIR No.0508/2017 under Sections 498A/406/34 of the IPC registered with PS Khajuri Khas and all proceedings emanating therefrom, be quashed. 3.

The said FIR was registered at the instance of respondent no.2. She is present in the Court and is identified by the Investigating Officer. She states that she had filed the said FIR in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1). She confirms that she

has now settled all her disputes with the petitioners in terms of the Settlement Deed dated 27.07.2019, a copy of which has been placed on record.

4.

She states that in terms of the said agreement, petitioner no.1 had agreed to pay to respondent no. 2 a sum of ₹4 lakhs in full and final settlement against all her claims and out of the aforesaid amount, a sum of ₹2,50,000/- has already been paid. She states that with the receipt of balance amount of ₹1,50,000/- all her claims against the petitioners stand satisfied.

5.

The petitioners are present in the Court and are identified by the counsel. They have handed over a demand draft for a sum of ₹1,50,000/- drawn on Punjab National Bank. A photocopy of the said demand draft is taken on record. Respondent no.2 has accepted the said demand draft in full and final settlement of her claims.

She states that she has no further grievances against the petitioners and joins the petitioners in praying that the FIR in question be quashed.

The petitioners also state that they have no grievances against respondent no.2.

6.

In view of the statements made by the concerned parties (petitioners and respondent no.2), this Court considers it apposite to allow the present petition.

7.

Accordingly, FIR No.0508/2017 under Sections 498A/406/34 of the IPC registered with PS Khajuri Khas and all proceedings emanating therefrom, are quashed.

8.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of their statements recorded herein. VIBHU BAKHRU, J JANUARY 31, 2020 MK