Mohammad Sajjad Ali & ORS. v. State Of NCT & ANR.

$~107 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1831/2024, CRL.M.A. 6987/2024 MOHAMMAD SAJJAD ALI & ORS.

..... Petitioners Through:

Mr. Arif Shakeel, Advocate with petitioners in person.

versus STATE OF NCT & ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Pankaj, P.S.

Hazrat Nizamudin.

Mr. A.A. Siddiqui, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.03.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 410/2016 registered under Sections 498-A/406/34 IPC at P.S. Hazrat Nizamudin, 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 No. 1 (husband) and petitioner Nos. 2 and 3 are parents-in-laws of the complainant. 3.

Mr. Jha, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Saket Courts, Delhi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

on 19.01.2021. In terms of the settlement, the marriage between the parties has already been dissolved vide Deeds of Talaqnama dated 31.08.2022, 07.11.2022 and 23.12.2022. It was agreed that a sum of Rs.5,50,000/-, as full and final settlement, shall be paid by petitioner No. 1 to respondent No. 2 towards her claims. It is further submitted that out of the settled amount, a sum of Rs.3,00,000/- has already been paid and remaining balance amount of Rs.2,50,000/- is being paid today through a demand draft, a photocopy of which has been placed on record.

5.

Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./SI Pankaj, P.S. Hazrat Nizamudin.

6.

Petitioner No.1, who is present in person, states that rights of the minor child, who is in the custody of respondent No.2, shall not be affected by the terms of the settlement having been arrived at between him and respondent No.2. In acknowledgement of his statement made today in Court, petitioner No.1 has signed the present order sheet, which is also signed by his counsel.

7.

Respondent No. 2 states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. 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.2.5 lacs handed over to her today. 8.

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

9.

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

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

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 encashment of aforesaid demand draft of Rs.2.5 lacs. 11.

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

MANOJ KUMAR OHRI, J MARCH 4, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.