Faisal Qureshi & ORS. v. The State (Govt. NCT Of Delhi) Represented Thr. Ps Chandni Mahal & ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5425/2023 & CRL.M.A. 20565/2023 FAISAL QURESHI & ORS.

..... Petitioners Through:

Mr. Al Fahad Quereshi, Advocate with petitioners in person.

versus THE STATE (GOVT. NCT OF DELHI) REPRESENTED THR. PS CHANDNI MAHAL & ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Harish Kumar PS Chandni Mahal, Delhi.

Respondent No.2 in person with her brother.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.03.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 231/2013 registered under Sections 498-A/406/34 IPC at P.S. Chandni Mahal, 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 whereas petitioner Nos. 2 to 3 are the father-in-law and mother-in-law of the complainant respectively.

3.

On the last date of hearing, on account of respondent No.2 not being able to recollect the receipt of settlement amount of Rs.3 lacs, the IO was directed to verify the said factum from the bank. The status report has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

filed today in the Court which is taken on record. In the status report, it has been stated that the respondent No.2 maintains an account bearing number 50100496756980 in HDFC Bank wherein Rs.3 lacs was found deposited vide two drafts and the said amount is still lying deposited in the said account. Respondent No.2 who is accompanied by her brother who confirms the said factum.

4.

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

5.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Understanding dated 17.11.2022. In terms of the settlement, the parties have agreed that they had already parted their ways by taking divorce as per Muslim Personal Law. It was agreed that a sum of Rs.3,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, mehar amount, iddat expenses, permanent alimony, etc. It is further submitted that out of the settled amount of Rs.3,00,000/-, remaining balance amount of Rs.25,000/- is being paid today.

6.

Petitioners, who are present in Court, have been identified by I.O./ SI Harish Kumar PS Chandni Mahal, Delhi.

7.

Respondent No. 2, who is also present in Court and identified by the I.O., 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.

8.

Learned counsel for the petitioners submits that no other proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

are pending between the parties.

9.

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

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.

11.

With the above directions, the petition is disposed of, along with pending applications.

MANOJ KUMAR OHRI, J MARCH 6, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.