Azim And ORS v. State Govt Of NCT Of Delhi And ANR

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8337/2023 AZIM AND ORS.

..... Petitioners Through:

Mr. Ali A. Quddusi with Mr. Khalid Aziz, Advocates with petitioners in person versus STATE GOVT OF NCT OF DELHI AND ANR. ..... Respondents Through:

Mr. Naval Kishore Jha, APP for State with SI Rahul, PS Seemapuri.

Mohd. Ahmed Shamsher, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.01.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.384/2020 registered under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act at P.S. Seemapuri, 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 4 are the in-laws of the complainant. 3.

Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the 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 settled their dispute vide Settlement Agreement/ Talaqnama dated 16.03.2022. It is further stated that the marriage between the petitioner and respondent No. 2 has already been dissolved by virtue of 'talaqnama/divorce deed' dated 16.03.2022.

5.

Learned counsel for the petitioners submits that the affidavit in terms of the Supreme Court decision in Ganesh v. Sudhirkumar Shrivastava and Ors. reported as 2019 SCC OnLine SC 1107 thereby stating that the rights of the minor children shall remain unaffected by the terms of the settlement has been filed and the same has been handed over in Court today. The same is taken on record.

6.

The petitioners and respondent no.2, who are present in the Court have been identified by their respective counsels and the Investigating Officer.

7.

Respondent No.2 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.

8.

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

9.

The parties shall remain bound by the statements made in Court today.

10.

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.

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

11.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J JANUARY 31, 2024/hs The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.