Sajid Hussain And ORS. v. State Of NCT Of Delhi And ANR.

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAJID HUSSAIN AND ORS.

.....Petitioners Through:

Mr. Rohit Kumar (D-2926/2010), Advocate with Petitioners-in-person versus STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State SI Ekta, PS Bindapur Mr. Sahil Vij, Ms. Neetika Rajoria and Ms. Anumeet Kaur, Advocates for R-2 with Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 26.07.2024 CRL.M.A. 21831/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The Petitioners have approached this Court for quashing FIR No.1050/2021 dated 30.12.2021 registered at Police Station Bindapur 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 dated 24.07.2023 before Counselling Cell, Family Courts, Delhi. As per the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settlement agreement, the Petitioner/husband has agreed to pay a sum of Rs.7,00,000/- to Respondent No.2/Complainant towards full and final settlement of all her claims in the following manner:- i.

A sum of Rs.2,00,000/- was to be paid on or before 01.09.2023.

ii.

A sum of Rs.1,50,000/- was to be paid on or before 19.10.2023.

iii.

A sum of Rs.3,50,000/- was to be paid at the time of quashing of the FIR.

3.

The Petitioner/husband and Respondent No.2/Complainant are present in Court today. Petitioners No.2 to 6, have 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 all the disputes with the Petitioners have been amicably settled. She states that she has received the entire amount and 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 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.1050/2021 dated 30.12.2021 registered at Police Station Bindapur for offences under Section 498A, 406 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

& 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 with pending application(s), if any.

SUBRAMONIUM PRASAD, J JULY 26, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.