J K Raja Sk & ORS. v. The State Of NCT Of Delhi And ANR.

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3307/2024 J K RAJA SK & ORS.

.....Petitioners Through:

Mr. Yogesh Maini and Mr. Bhajan Lal, Advs. with petitioners in person.

versus THE STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Utkarsh, APP for State with W/SI Mohini PS Jahangirpuri, Delhi Mr. Amit Sharma, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 25.02.2025 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.1042/2022 under Sections 498A/406/34 IPC registered at Police Station Jahangirpuri, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Issue notice. The learned APP for the State accepts notice. He 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.

3.

The petitioner no.1 (former husband), petitioner nos. 2 - 5, who are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

close relatives of petitioner no.1, as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel, as well as, by the Investigating Officer W/SI Mohini PS Jahangirpuri, Delhi.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 23.07.2017 according to Muslim rites and customs.

5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 22.03.2021. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Rohini District Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 10.01.2024, which is annexed as Annexure P-3 to the present petition. 7.

In terms of the said settlement, the parties decided to dissolve their marriage as per Mohammedan Law. Accordingly, marriage has been dissolved by pronouncing three talaqs in three consecutive months i.e., on 20.02.2024, 21.03.2024 and 22.04.2024 respectively.

copy of khulanama/talaqnama dated 22.04.2024 has been placed on record as Annexure P-5.

8.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.5,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of permanent alimony, maintenance (past, present and future) etc. The entire amount of Rs.5,00,000/- has already been paid by petitioner no.1 to respondent no.2. 9.

The receipt of entire amount of Rs.5,00,000/- is acknowledged by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.2, who is present in court.

10.

The respondent no.2, on a query posed by the Court, 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.1042/2022 under Sections 498A/406/34 IPC registered at Police Station Jahangirpuri, Delhi alongwith all other proceedings emanating therefrom, is quashed. 14.

The petition stands disposed of in the above terms. 15.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J FEBRUARY 25, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.