Mohammad Rashid Akhter & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7931/2023 MOHAMMAD RASHID AKHTER & ORS.

..... Petitioners Through: Mr. Asif Shakeel, Advocate with petitioner Nos.2 to 5 in person and petitioner No.1 through V.C.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through: Mr. Ritesh Kumar Bahri, APP for State with SI Jaivind, PS Jamia Nagar alongwith respondent No.2

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.01.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.42/2020 registered under Sections 498A/406/34 IPC at P.S. Jamia Nagar, New 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) whereas petitioner Nos. 2 to 5 are the mother-in-law, father-in-law and brothers-inlaw of the complainant respectively. 3.

Learned APP for the State submits that the present petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Settlement Deed dated 24.12.2021 before the Mediation Centre, Saket Courts, Delhi. In terms of the settlement, the marriage between petitioner No.1 and respondent No. 2 has already been dissolved by virtue of 'talaqnama' dated 05.11.2022, 05.12.2022 and 05.01.2023. It was agreed that a sum of Rs.12,00,000/- would be paid as full and final settlement by petitioner No.1 to respondent No. 2 towards her claims qua maintenance, mehar, iddat, alimony, etc. Steps w.r.t the obligations under the settlement have been already carried out. As per the terms of the settlement, it was further agreed that the rights of the minor child as available under the law shall remain unaffected by the terms of the settlement. Petitioner No.1, who has joined the proceedings through V.C., reiterates the said factum.

5.

Petitioner No.1 as well as petitioner Nos.2 to 5 who are present in Court are identified by their counsel. Respondent No. 2, who is also present in the Court today, is identified by the Investigating Officer/SI Jaivind, PS Jamia Nagar. Respondent No.2 further acknowledges the receipt of the aforesaid amount. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the present petitioners. 6.

Respondent No. 2 also states that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The parties shall remain bound by the statements 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.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J JANUARY 4, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.