Ana Saboor & ORS. v. The State Of Rajasthan & ANR.

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5678/2024 ANA SABOOR & ORS.

.....Petitioners Through:

Mr. Alamgir, Advocate.

versus THE STATE OF RAJASTHAN & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 25.07.2024 CRL.M.A. 21680/2024 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 5678/2024 1.

The present petition has been filed for quashing FIR No.650/2021 registered at Police Station Krishan Ganj, Ajmer for offences under Section 143/323/341/379/365/34 IPC on the ground that the parties have amicably settled their disputes. The present proceedings arise out of a matrimonial dispute between the parties. It is pertinent to mention that there are cross FIRs between the parties. Petitioner No.1 herein is the daughter-in-law of the Respondent No.2 herein.

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 16.11.2023. As per the settlement agreement, the son of the Respondent No.2 has agreed to pay a sum of Rs.5,00,000/- to the Petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.1 herein towards full and final settlement of all her claims in the following manner:- a. A sum of Rs.1,00,000/- was received by the Petitioner No.1 at the time of withdrawal of Petition under Section 12 of the DV Act filed by the Petitioner No.1 against the Respondent No.2 herein and her son.

b. A sum of Rs.1,00,000/- was received by the Petitioner No.1 at the time of withdrawal of Petition under Section 125 Cr.P.C. c. Remaining Rs.3,00,000/- was paid during the quashing of FIR No.296/2022, filed by the Petitioner No.1 herein against the Respondent No.2 and her son under Sections 498A/406/34 IPC at Police Station Shaheen Bagh.

d. It was further agreed in the settlement agreement that upon receiving the full and final amount and after quashing of the FIR No.296/2022, Both the parties shall proceed ahead for quashing of the present FIR. 3.

The Petitioners are present in Court today.

Respondent No.2/Complainant has joined the proceedings through video conferencing. 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 she has settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence.

4.

Considering the fact that the dispute is a matrimonial dispute 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. In view of the settlement arrived at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings. Resultantly, FIR No.650/2021 registered at Police Station Krishan Ganj, Ajmer for offences under Section 143/323/341/379/365/34 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. 5.

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

SUBRAMONIUM PRASAD, J JULY 25, 2024 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.