Farman & ORS. v. The State (NCT Of Delhi) New Delhi & ANR.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8582/2023 FARMAN & ORS.

..... Petitioners Through: Mr. Anil Singh, Advocate with petitioners in person versus THE STATE (NCT OF DELHI) NEW DELHI & ANR.

..... Respondents Through: Mr.Sanjeev Sabharwal, APP for State with SI Mahesh Kumar Respondent No.2 (through V.C.)

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.01.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.0135/2021 registered under Sections 498A/406/323/34 IPC and Section 4 Dowry Prohibition Act at P.S. Welcome, 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 8 are the in-laws of the complainant. 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 04.05.2023 before the Delhi Mediation Centre, Karkardooma Courts, Delhi. It is further stated that the marriage between petitioner No.1 and respondent No. 2 has already been dissolved by virtue of 'talaqnama/divorce deed' dated 01.12.2023. It was agreed that a sum of Rs.5,25,000/- 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 children as available under the law shall remain unaffected by the terms of the settlement. Petitioner No.1, who is present in the Court, reiterates the said factum. 5.

The petitioners, who are present in the Court have been identified by their counsel and the Investigating Officer. Respondent No.2, who is also present in Court, is identified by the Investigating Officer. 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. Affidavit of Respondent No.2 has been placed on record.

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 24, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.