Syed Mohd Umar & ORS. v. The State Govt Of NCT Of Delhi & ANR.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SYED MOHD UMAR & ORS.

.....Petitioners Through:

Mr. Mutiur Rehman (D/4135/2017), Ms.

Shaheen, Ms.

Arshi, Ms.

Mehvish Khanam, Ms.

Nazish Khanam, Mr. Danish Khan, Mr.

Mohd Raoof, Mr.

Mohammad Salman Saifi, Advocates along with Petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through:

Mr. Shoaib Haider, APP for the State.

W/SI N. Tiamenla, PS Geeta Colony (D-1813) Mr. Sourav Ghosh (CD/1318/2019), Advocate for R-2/Complainant along with Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.08.2024 CRL.M.A. 23190/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The present petition under Section 482 Cr.P.C has been filed by the Petitioners for quashing FIR No.77/2023 dated 02.02.2023, registered at Police Station Geeta Colony for offences punishable under Sections 498A/406/34 IPC. The present FIR is the outcome of a matrimonial dispute 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.

2.

The Respondent No.2 is the Complainant and the Petitioner No.1 is the husband of the Complainant.

3.

The principal ground on which the present petition has been filed is that a settlement has been arrived at between the parties before Delhi Mediation Centre, Karkardooma Courts on 06.06.2024. It is stated in the petition that in terms of the Settlement dated 06.06.2024, the parties had filed a Talaq-e-Mubaraat/Mutual Consent Divorce dated 06.06.2024 whereby the marriage between the complainant/Respondent No.2 and the Petitioner No.1/husband stands dissolved. It is further stated in the petition that under the settlement, the Petitioner No.1/husband has agreed to pay a sum of Rs.1,10,000/- to the complainant/Respondent No.2 towards the full and final settlement of all her claims.

4.

Today, the parties 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 her Counsel and the Investigating Officer. The Complainant/Respondent No.2 states that she received the entire amount as per the settlement and 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.

5.

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

State of Punjab, (2012) 10 SCC 303. In view of the settlement arrived at between the parties, this Court is satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.77/2023 dated 02.02.2023, registered at Police Station Geeta Colony for offences punishable under Sections 498A/406/34 IPC and the proceedings emanating therefrom are hereby quashed.

6.

The petition stands disposed of in above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J AUGUST 06, 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.