Mohd. Aadil Malik & ORS. v. The State & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5815/2023 & CRL. MA 21852/2023 MOHD. AADIL MALIK & ORS.

..... Petitioners Through:

Mr. Raj Kumar and Mr. Mohd.

Rizwan, Advocates with petitioners in person.

versus THE STATE & ANR ..... Respondents Through:

Mr. Sanajeev Sabharwal, APP for State with SI Sujata, SI Devender Singh PS Jafrabad, Delhi Mr. Prince Bhardwaj, Advocate with respondent No.2 in person.

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. 0570/2020 registered under Sections 498-A/406/377/34 IPC and Section 4 of the Dowry Prohibition Act and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act at P.S. Jafrabad, 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 5 are the in-laws of the complainant. 3.

Mr. Sanajeev 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. It is stated that one of the petitioners namely The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:38:59

petitioner No.5 (Nasiban) has since expired. He further states both the parties have since remarried and that the allegation of Section 377 was filed against the husband alone.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide settlement dated 27.05.2023 which is placed on record. In terms of the settlement, the complainant is now left with no claim or grievance against the petitioners.

5.

Petitioners, who are present in Court, have been identified by their counsel and by I.O./ SI Sujata, SI Devender Singh PS Jafrabad, Delhi. 6.

Respondent No. 2, who is also present in Court and identified by her counsel and 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. 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 along with pending application.

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. The Order is downloaded from the DHC Server on 13/03/2024 at 11:38:59