Zishan v. State (NCT Of Delhi) And ANR.
$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7349/2024 & CRL MA 28028/2024 ZISHAN .....Petitioner Through:
Mr. Harendra Kumar, Advocate (M:
9971395700) with petitioner in person.
versus STATE (NCT OF DELHI) AND ANR .....Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with ASI Pramod and SI Medalal and Inspector Satwinder PS Jahangir Puri, Delhi.
Ms.
Shivalika, Advocate for respondent no.2with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 17.09.2024
O R D E R
1.
The present petition has been filed on behalf of the petitioner seeking quashing of FIR No. 310/2021 registered under Sections 498-A IPC at P.S. Jahangir Puri, 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 the petitioner (husband). 3.
Mr. Sanjeev Sabharwal, learned APP for the State submits that in the present case, the chargesheet has been filed. He further submits that the petitioner is the only accused against whom chargesheet has been filed and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
respondent No.2 is the complainant/victim. It is also stated that no child is born out of the wedlock.
4.
Learned counsel for the petitioner submits that the parties have settled their disputes vide Compromise Deed/MoU dated 23.08.2024. In terms of the settlement, the parties have already parted their ways by taking divorce/talaq as per Muslim Personal Law. It was also agreed that a sum of Rs.5,00,000/- shall be paid by the petitioner to respondent No. 2 as full and final settlement towards her claims qua maintenance, permanent alimony, etc. It is further submitted that out of the settled amount of Rs.5,00,000/-, Rs.2,50,000/- has already been paid and the balance amount of Rs.2,50,000/- is being paid today by the way of a demand draft bearing number 017490 drawn on Axis Bank.
5.
The petitioner and respondent No.2, who are present in Court, have been identified by their respective counsels and by the I.O./ ASI Pramod, SI Medalal and Inspector Satwinder, P.S. Jahangir Puri, Delhi. 6.
Respondent No. 2 states that she has settled her disputes with petitioner out of her own free will, volition and without any coercion. She also acknowledges the receipt of the entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioner, subject to the encashment of the demand draft of Rs.2,50,000/- handed over to her today.
7.
Learned counsel for the petitioner 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 the encashment of aforesaid demand draft of Rs.2,50,000/-.
10.
With the above directions, the petition is disposed of along with pending application.
MANOJ KUMAR OHRI, J SEPTEMBER 17, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.