Sharif Ur Rehman & ANR. v. State & ANR.
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8981/2023 & CRL.M.As. 33594-33595/2023 SHARIF UR REHMAN & ANR.
..... Petitioners Through:
Mr.Jahangir Ahmad, Ms.Kirti Aggarwal, Ms.Ruksar-ul-Nisa and Mr.Neeraj Kumar, Advocates with petitioners in person.
versus STATE & ANR ..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Puneet Mr.Faiz Sherwani, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 23.02.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 262/2017 registered under Sections 498-A/406/34 IPC at P.S. Nangloi, 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 No. 2 is father-in-law.
3.
Mr. Nawal Kishore Jha, 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.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes vide Settlement Deed dated 21.06.2019 arrived at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
before Delhi Mediation Centre, Tis Hazari Court, Delhi which is annexed to the petition as Annexure-P3. In terms of the settlement, the parties have already parted their ways by taking divorce as per Muslim Personal Law. It was agreed that a sum of Rs.4,00,000/- 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.4,00,000/-, remaining balance amount of Rs.1,50,000/- is being paid today through a demand draft bearing number 782643 drawn on Canara Bank, Bhawan Garhi-202122, a copy of which has been placed on record.
5.
Petitioners, who are present in Court, have been identified by I.O.. 6.
Respondent No. 2, who is also present in Court and identified by her counsel and 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. 7.
Learned counsel for the petitioners submits that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements and undertaking 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, subject to encashment of aforesaid demand draft of Rs.1.5 lac. 10.
With the above directions, the petition is disposed of along with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
pending applications.
MANOJ KUMAR OHRI, J FEBRUARY 23, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.