Md. Dilshad And ANR v. State And ANR
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 564/2024 MD. DILSHAD AND ANR ..... Petitioners Through:
Mr. Vipin Baisla, Advocate with petitioner in-person.
versus STATE AND ANR ..... Respondents Through:
Mr. Satish Kumar, APP for the State with SI Sompal Singh, P.S.: Ranjit Nagar.
Complainant in-person.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 24.01.2024 CRL.M.A. 2297/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 564/2024 3.
The present petitioner under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been instituted on behalf of the petitioner seeking quashing of FIR bearing No. 305/2020, dated 20.08.2020, registered at Police Station Ranjit Nagar, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟). 4.
Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
5.
All the petitioners are present before this Court and have been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
identified by their counsel Mr. Vipin Baisla and Investigating Officer (IO) SI Sompal Singh from Police Station Ranjit Nagar, Delhi. 6.
Brief facts of the case as per the petition are, that Nikah of petitioner and respondent no. 1 was performed in Delhi on 29.03.2019. Since 2019, the petitioner and respondent no. 1 started staying separated from each other because of temperamental differences. On 20.08.2020, on the complaint of respondent no. 1, an FIR was registered against the petitioner no. 1 and his relatives. On 18.11.2021, the matter was amicably settled vide Memorandum of Understanding dated 18.11.2021. It is stated that respondent no. 2 has received Rs. 6,32,000 out of total of Rs. 9,50,000/-. Hence, the present petition was instituted.
7.
On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide MoU dated 18.11.2021 entered into between them.
8.
It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 9.
Today, the complainant who is present in Court states that she has received the last and final instalment of Rs.3,18,000/- today, i.e., 24.01.2024 vide DD No. 011206 drawn on Central Bank of India and has no objection if the FIR is quashed.
10.
In view of the above fact that the parties have amicably resolved their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11.
Accordingly, FIR bearing no. 305/2020, dated 20.08.2020, for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 12.
The petition stands disposed of.
13.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 24, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.