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High Court of DelhiCRL.M.C./5159/2024

Danish Ahmad v. The State NCT Of Delhi And ANR.

2024-07-09Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5159/2024 DANISH AHMAD .....Petitioner Through:

Mr. Manoj Kumar Sharma, Advocate with Petitioner in person.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State SI Neeraj Chahal, PS Seelampur.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 09.07.2024 CRL.M.A. 19692/2024 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 5159/2024 1.

The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.532/2018 dated 31.12.2018, registered at Police Station Seelampur, Delhi for the offences punishable under Sections 498A, 406 and 34 IPC and Section 4 of the Dowry Prohibition Act, 1961. The present FIR is the outcome of a matrimonial dispute between the parties. The Petitioner is the husband of Respondent No.2.

2.

It is stated that the parties have resolved their disputes by way of a Settlement Agreement dated 09.01.2024. It is stated by Respondent No.2 that she does not have any objection if the present FIR against the Petitioner is quashed. As per the Settlement Agreement dated 09.01.2024, the Petitioner has agreed to pay a sum of Rs.2,00,000/- by way of Demand Draft CRL.M.C. 5159/2024 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 02/07/2025 at 10:23:52

in the name of female child Alina to the Respondent No.2 towards full and final settlement of all her claims and a sum of Rs.25,000/- in cash to Respondent No.2 towards Mehar.

3.

Today, the Petitioner and the Respondent No.2 are present in Court. The Respondent No.2 has been identified by the Investigating Officer SI Neeraj Chahal, PS Seelampur. A sum of Rs.2,00,000/- by way of Demand Draft has been handed over to the Respondent No.2 during the course of hearing. The Respondent No.2 states that she has received the entire amount and settled all her disputes with the Petitioner out of her own free will, without pressure, coercion or undue influence. The parties undertake that they will remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court 4.

In view of the settlement arrived at between the parties and also in view of the fact that the instant case is squarely covered by the law laid down by the Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.532/2018 dated 31.12.2018, registered at Police Station Seelampur, Delhi for the offences punishable under Sections 498A, 406 and 34 IPC and Section 4 of the Dowry Prohibition Act, 1961 and the proceedings emanating therefrom are hereby quashed.

5.

The petition stands disposed of in the above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J JULY 9, 2024 S. Zakir CRL.M.C. 5159/2024 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 02/07/2025 at 10:23:52