Wasim@Vaseem And ORS v. The State (Govt. Of NCT Of Delhi ) And ANR.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8556/2023, CRL.M.A. 31953/2023 WASIM@VASEEM AND ORS ..... Petitioners Through:

Mr. Abdul Rauf, Advocate with petitioners in person.

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

..... Respondents Through:

Mr. Hitesh Vali, APP for State with SI Suresh Kumar, P.S.

New Usmanpur.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 08.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 852/2019 registered under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act at P.S. New Usmanpur, 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) and whereas petitioner Nos. 2 to 4 are father-in-law, mother-in-law and sister-inlaw of the complainant respectively. 3.

Mr. Vali, learned APP for the State submits that in the present case 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 counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre on 15.02.2023. In terms of the settlement, the parties have agreed that they had already parted their ways by taking divorce as per Muslim Personal Law. It was agreed that a sum of Rs.5,20,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, mehar amount, iddat expenses, permanent alimony, etc. It is further submitted that out of the settled amount of Rs.5,20,000/-, remaining balance amount of Rs.1,50,000/- is being paid today through a demand draft, a photocopy of which has been placed on record. 5.

The petitioner no.1 undertakes that the rights of the minor child namely Arhan shall remain unaffected by the aforesaid settlement arrived at between the parties.

6.

Petitioners, who are present in Court, have been identified by I.O./SI Suresh Kumar, P.S. New Usmanpur.

7.

Respondent No. 2, who is also present in Court and identified by the I.O., states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.1,50,000/- handed over to her today. 8.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

9.

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

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

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, subject to encashment of aforesaid demand draft of Rs.1.5 lac. 11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J JANUARY 8, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.