Shafique Khalique Shaikh & ORS. v. State (Govt.Of NCT Of Delhi) & ANR.
$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHAFIQUE KHALIQUE SHAIKH & ORS ......Petitioners Through:
Mr. Akhilesh Kr. Pandey, Mr. Pankaj Kumar, Mr. Manoj Kumar, Ms.
Manisha, Advocate with Petitionersin-person versus STATE (GOVT.OF NCT OF DELHI) & ANR ......Respondents Through:
Mr. Shoaid Haider, APP for the State SI Monu, PS Mangolpuri Mr. Shamim A Khan, Advs. for R-2 with Complainant-in-person
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 08.07.2024 1.
The present petition has been filed for quashing FIR No.587/2022 dated 10.04.2022 registered at Police Station Mangol Puri for offences under Section 498A, 406, 34 IPC on the ground that the parties have amicably settled their disputes. The present proceedings arise out of the matrimonial disputes between the parties.
2.
The principal ground on which the present petition has been filed is that the parties have amicably resolved their disputes by a settlement agreement dated 04.03.2024 before Delhi Mediation Centre, Rohini District Courts, Delhi. As per the settlement agreement, the Petitioner No.1 has agreed to pay a sum of Rs.5,00,000/- to Respondent No.2/Complainant The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
towards full and final settlement of all her claims in the following manner:- i.
A sum of Rs.2,50,000/- was to be paid at the time of withdrawal of connected case as well as Talaq before the concerned court in accordance with the Muslim law. ii.
A sum of Rs.2,50,000/- was to be paid at the time of quashing of the FIR.
3.
The Petitioners and Respondent No.2/Complainant are present in Court today. The parties have been identified by their respective Counsels and the Investigating Officer. Respondent No.2/Complainant has also filed an affidavit affirming the fact that all the disputes with the Petitioners have been amicably settled. She has been paid the remaining sum of Rs.2,50,000/- in Court today. She states that she has received the entire amount and settled all her disputes with the Petitioners out of his own free will, without pressure, coercion or undue influence.
4.
Considering the fact that the disputes are purely private in nature and the parties have amicably settled their disputes, the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303.
5.
In view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings. Resultantly, the FIR No.587/2022 dated 10.04.2022 registered at Police Station Mangol Puri for offences under Section 498A, 406, 34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court.
6.
The petition stands disposed of with the above observations along The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
with pending application(s), if any.
SUBRAMONIUM PRASAD, J JULY 8, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.