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High Court of DelhiCRL.M.C./8210/2024

Javed Akhtar & ANR. v. State Govt Of NCT Delhi & ANR.

2024-10-18Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8210/2024 & CRL. MA 31355/2024 JAVED AKHTAR & ANR .....Petitioners Through:

Mr. Mohammad Akhtar and Mr. Arif Shakeel, Advocates with petitioners in person.

versus STATE GOVT OF NCT DELHI & ANR .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with ASI Ashok Kumar PS Jahangir Puri, New Delhi.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.10.2024 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0054/2020 registered under Sections 498-A/406/34 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 petitioner No. 1 (husband) whereas petitioner No. 2 is the mother-in-law of the complainant. 3.

Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case, the petitioners are the only accused persons and respondent No. 2 is the complainant. It is also submitted that during the pendency of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

case, the co-accused, namely Saleem Akhtar (father-in-law of the complainant) has since expired, on 13.12.2023. 4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Rohini District Courts on 06.05.2024. In terms of the settlement, the parties have already parted their ways by taking divorce as per Muslim Personal Law. Further, it was agreed that a sum of Rs.3,88,000/- shall be paid by petitioner No. 1 to respondent No. 2 as full and final settlement towards her claims qua maintenance, mehar amount, iddat expenses, permanent alimony, etc. It is submitted that out of the settled amount of Rs.3,88,000/-, balance amount of Rs.2,08,000/- is being paid today through a demand draft bearing number 564774 drawn on Punjab National Bank, Nizamuddin West, New Delhi. 5.

The petitioners, who are present in Court, have been identified by their counsel and by the I.O./ ASI Ashok Kumar PS Jahangir Puri, New Delhi.

6.

Respondent No. 2, who is also present in Court and identified by the I.O., states that she has settled her disputes with petitioner No.1 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 petitioners, subject to the encashment of the demand draft of Rs.2,08,000/- 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 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 encashment of the aforesaid demand draft of Rs.2,08,000/-.

10.

With the above directions, the petition is disposed of along with pending application.

MANOJ KUMAR OHRI, J OCTOBER 18, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.