Farman v. The State Govt. Of NCT Of Delhi & ANR.
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8596/2023 FARMAN ..... Petitioner Through: Mr. Anil Singh, Advocate with petitioner in person versus THE STATE GOVT. OF NCT OF 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 petitioner seeks quashing of FIR No.74/2021, registered under Section 4 of Muslim Women (Protection of Rights on Marriage Act, 2019) 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 the petitioner/(husband). 3.
Learned APP for the State submits that the present petitioner is the only accused person and respondent No. 2 is the only complainant/victim. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Mediation Centre, Karkardooma Courts, Delhi. 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 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. The petitioner, who is present in the Court, reiterates the said factum. Affidavit of Respondent No.2 has been placed on record.
5.
The petitioner, who is present in the Court has been identified by his counsel and the Investigating Officer. Respondent No.2, who have joined the proceedings through V.C. is also 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 petitioner.
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.
7.
Learned counsels for the parties submit that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements 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.
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.