Uwaiz Khan & ORS. v. State Of NCT Of Delhi & ANR.
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5009/2023 UWAIZ KHAN & ORS ..... Petitioners Through:
Mr.
Raja Pande, Mr.
Mohd.
Hafizuddin Khan, Mr.
Mohd.
Naimuddin Khan, Mr.
Nrusingh Patro, Ms. Pragyan Majee Mahaalik, Advocates with petitioners in person.
versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:
Mr. Sunil Kumar Gautam, APP for State with SI Ram Kishan with ASI Saurabh PS Neb Sarai, New Delhi.
Respondent No.2/complainant through VC.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 24.01.2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 583/2018 registered under Sections 498-A/406/34 IPC at P.S. Neb Sarai, 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 5 are the in-laws of the complainant. 3.
Mr. Sunil Kumar Gautam, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2 is the only complainant/victim.
4.
Learned counsel for the petitioners submits that the parties have arrived at a settlement before the Family Court on 02.11.2018. In terms of the settlement, the parties have already been granted divorced as per the Muslim laws and a statement to that effect is recorded in the order dated 02.02.2019 passed by the Family Court, South District, Saket, New Delhi in M No. 44/2018. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the petitioners. 5.
Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Ram Kishan with ASI Saurabh PS Neb Sarai, New Delhi. Respondent No.2, who has joined through VC, is identified by the Investigating Officer and her father (who is present in Court). It is further informed that respondent No.2 has remarried. 6.
Respondent No. 2 states that she has settled her disputes with petitioners out 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. 7.
Learned counsel for the petitioners submits that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements and undertaking 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.
10.
With the above directions, the petition is disposed of alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
miscellaneous applications.
MANOJ KUMAR OHRI, J JANUARY 24, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.