Mohammad Sonu & ORS. v. State & ANR.
$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3777/2024 and CRL.M.A. 14446/2024 MOHAMMAD SONU & ORS.
.... Petitioners Through:
Mr. Shreay Kumar Attri, Mr. Badal Bhiduri and Mr. Tapesh, Advocates with petitioners in person.
versus STATE & ANR.
.... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with SI Neeraj Chahal, PS Seelampur.
Respondent No.2 in person alongwith her counsel (appearance not given)
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 10.05.2024 1.
By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.244/2020 registered under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, 1961 at P.S. Seelampur, 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) whereas petitioner Nos.2 to 4 are the in-laws of the complainant. 3.
Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. It is further stated that chargesheet has been filed in the present case under the aforesaid sections.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsels for the parties submit that the parties have settled their dispute on 22.12.2023 before Counselling Cell, Family Court, NorthEast District, Karkardooma Courts, Delhi. It is stated that petitioner No.1 and respondent No.2 have already taken talaq as per Muslim law and talaqnama dated 22.02.2024 has also been executed between them in this regard. It is further submitted that out of the settlement amount, the balance amount of Rs.2,75,000/- is being paid today through a demand draft bearing No.219520 dated 10.05.2024 drawn on State Bank of India. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.
5.
The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.
6.
Respondent No. 2 states that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft handed over to her today.
7.
Learned counsels for the parties submit that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements made in Court today.
9.
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 the aforesaid demand draft. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J MAY 10, 2024 PB The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.