Parvez Alam & ORS. v. The State (Govt Of NCT Of Delhi) & ANR.

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PARVEZ ALAM & ORS.

.....Petitioners Through:

Mr.

R.P.S.

Bhatti (D/681/89), Advocate along with Petitioners in person.

versus THE STATE (GOVT OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Yasir Rauf Ansari (D-1098/2008) ASC for the State with Mr. Alok Sharma (D-8207/2021) and Mr. Vasu Agarwal (D-5919/2023), Advocates.

ASI Rakesh Kumar (270/NE), PS New Usmanpur.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 01.08.2024 CRL.M.A. 22622/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed by the Petitioners for quashing FIR No.590/2023 dated 03.08.2023, registered at Police Station New Usmanpur for offences punishable under Sections 498A/406 IPC and Section 4 of the Dowry Prohibition Act, 1961 on the ground that the parties have amicably settled their disputes. The present proceedings arise out of a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

matrimonial dispute 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 Compromise Deed/Talaknama dated 24.06.2024.

As per the Compromise Deed/Talaknama, the Petitioner No.1/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:- a. A sum of Rs.2,00,000/- was received by the Respondent No.2 at the time of withdrawal of case under Section 12 of the DV Act. b. A sum of Rs.2,00,000/- was received by the Respondent No.2 at the time of withdrawal of case under Section 125 Cr.P.C. c. Remaining Rs.3,00,000/- was to be paid to Respondent No.2 during the quashing of the present FIR.

3.

The Petitioners and the Respondent No.2/Complainant are present in Court today. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/Complainant has been identified by the Investigating Officer. The Complainant/Respondent No.2 has been paid the remaining sum of Rs.3,00,000/- vide a Demand Draft in Court today. The Complainant/Respondent No.2 states that she has settled all her matrimonial disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement and proceedings recorded before this Court.

4.

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

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 between the parties, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, FIR No.590/2023 dated 03.08.2023, registered at Police Station New Usmanpur for offences punishable under Sections 498A/406 IPC and Section 4 of the Dowry Prohibition Act, 1961 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 AUGUST 1, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.