Tausif v. State & ANR.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8715/2023 TAUSIF ..... Petitioner Through:

Mr. Raj Kumar, Advocate along with petitioner in person.

versus STATE & ANR ..... Respondents Through:

Mr. Laksh Khanna, APP for State with SI Abhishek PS Khajuri Khas, Delhi.

Ms. Shivani Garg, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.361/2023 registered under Sections 498A/34 IPC and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 at P.S. Khajuri Khas, 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 (husband). 3.

Mr. Laksh Khanna, learned APP for the State submits that in the present case petitioner is the only accused person and respondent No. 2 is the complainant/victim.

4.

Learned counsel for the parties submit that the parties have settled their disputes and that a compromise deed/divorce deed dated 07.10.2023 has placed on record w.r.t the same. The said deed notes the fact that the parties have already divorced as per Muslim Personal Law. It was further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 11:49:26

agreed that a sum of Rs.3,00,000/- as full and final settlement shall be paid by petitioner to respondent No. 2.

5.

The petitioner and respondent No.2 undertake that the rights of the minor child namely Hamza who is in custody of petitioner shall remain unaffected by the aforesaid settlement arrived at between the parties. The said undertaking is accepted and taken on record. Both the petitioner and respondent No.2 made bound by the same.

6.

Petitioner and respondent No.2, who are present in Court, have been identified by I.O./ SI Abhishek PS Khajuri Khas, Delhi. 7.

Respondent No. 2 states that she has settled her disputes with petitioner 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 petitioner. 8.

Learned counsel for the petitioner 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.

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.

11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J FEBRUARY 1, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 11:49:26