Naseem & ORS. v. State(Govt. Of NCT Of Delhi) & ANR.

$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + NASEEM & ORS.

.....Petitioners Through:

Mr. Chander Kant Tyagi (D/1430/12), Advocate along with Petitioners in person.

versus STATE(GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Mr.

Sunny Mourya (D-904/23), Advocate for Respondent No.2 along with Respondent No.2 in person.

SI Shyam, PS Burari, D-1432 ASI Rakesh Kumar, 5149/C, PS Paharganj

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.09.2024 CRL.M.A. 26982/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The present petition under Section 528 of BNSS, 2023 has been filed by the Petitioners for quashing FIR No.251/2019 dated 10.07.2019, registered at Police Station Burari for offences punishable under Sections 498A/406/34 IPC. The present FIR is the outcome of a matrimonial dispute between the parties. The Respondent No.2 is the Complainant and the Petitioner No.1 is the husband of the Complainant. 2.

The principal ground on which the present petition has been filed is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that a settlement has been arrived at between the parties before Delhi Mediation Centre, Tis Hazari Courts, Delhi vide a Compromise Deed 18.05.2024. A copy of the Talaqnama has also been filed with the petition at Annexure-P-4. It is stated as per the Compromise Deed, the Petitioner No.1/husband has agreed to pay a sum of Rs.2,75,000/- to the complainant/Respondent No.2 towards the full and final settlement of all her claims.

3.

Today, the parties are present in Court. 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 has 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.

4.

Considering the fact that the dispute is a matrimonial dispute and the parties have amicably settled their disputes and the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, this Court is satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.251/2019 dated 10.07.2019, registered at Police Station Burari for offences punishable under Sections 498A/406/34 IPC and the proceedings emanating 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.

5.

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

SUBRAMONIUM PRASAD, J SEPTEMBER 6, 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.