Mohd. Rafi & ORS v. State Of N.C.T Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 375/2020 MOHD. RAFI & ORS ..... Petitioner Through Mr Mohammad Arif, Mohd Nabeel, Advocates.

versus STATE OF N.C.T OF DELHI & ANR ..... Respondents Through Ms Jyoti Babbar, Advocate for Mr Rajesh Mahajan, ASC for State and Ms Shrutitavedi, Advocate.

Insp. Pavan Kumar, ASI Surender P.S.

Khajuri Khas 9870223889 present.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.02.2020 CRL.M.A. 2751/2020 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 375/2020 3.

The petitioners have filed the present petition, inter alia, praying that the FIR No. 634/2018 under Sections 498-A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered with Police Station Khajuri Khas, Delhi and all proceedings emanating therefrom, be quashed. 4.

The said FIR was registered at the instance of respondent no.2, who is present in Court and is identified by the Investigating Officer. She states that

she had filed the present FIR in view of the matrimonial disputes that had arisen between her and her husband (petitioner no.1). She states that she has since resolved all her disputes with her husband (petitioner no.1) and other petitioners in terms of the settlement dated 20.07.2019. Respondent no.2 and petitioner no.1 state that as per the said settlement, they both have secured a decree of divorce by mutual consent. In terms of the settlement, the petitioners have agreed to pay a sum of ₹3,00,000/- and she has already received a sum of ₹2,00,000/- out of the aforesaid amount. She states that with the receipt of the balance amount of ₹1,00,000/-, she would have no further grievances or claims against the petitioners. 5.

The petitioners are present in court and are identified by their counsel. They have handed over a demand draft drawn on State Bank of India for a sum of ₹1,00,000/-. A photocopy of the same has been handed over to this Court and is taken on record. Respondent no.2 has accepted the said demand draft in full and final settlement of all her claims and joins the petitioners in praying that the FIR in question be quashed.

6.

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

7.

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. Accordingly, FIR No. 634/2018 under Sections 498-A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered with Police Station Khajuri Khas, Delhi and all proceedings emanating therefrom, are quashed.

8.

The petitioners and respondent no.2 shall sign this order as an acknowledgement of the statements recorded herein. VIBHU BAKHRU, J FEBRUARY 06, 2020 pkv