Mohd Arshad Jamal & ORS. v. The State & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9054/2023 MOHD ARSHAD JAMAL & ORS.

..... Petitioners Through:

Mr. Rahul Kumar, Ms. Veshali, Mr.

Neeraj Kumar, Mr. C.K. Jha and Mr.

Akhilendra Nath, Advocates with petitioners in person versus THE STATE & ANR.

..... Respondents Through:

Mr. Laksh Khanna, APP for State with SI Meenakshi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.03.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.173/2018 registered under Sections 498A/406/506/34 IPC at P.S. Kamla Market, 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.3 (husband) whereas petitioner Nos.1 to 2 are the in-laws of the complainant. 3.

Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. 4.

Learned counsel for the petitioners submits that the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settled their dispute on 23.03.2021 in the Counselling Cell, Family Court, Tis Hazari Courts, Delhi. It is stated that petitioner No.3 and respondent No.1 have already taken divorce/talaq as per Muslim rites & rituals. It is further submitted that out of the entire settlement amount, the balance amount of Rs.50,000/- is being paid today through cash. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners. Learned counsel for the petitioners submits that rights of the minor children, who are in the custody of respondent No.2, shall remain unaffected by the terms of the settlement. Petitioner No.3, who is also present in the Court, reiterates the same. In acknowledgement of the same, petitioner No.3 and his counsel have signed the order sheet. 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 the Court, has been identified by the Investigating Officer. 6.

Respondent No. 2 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 counsel for the petitioners submits that no other proceedings are pending between the parties.

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.

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

10.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J MARCH 18, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.