Javed Ali & ORS. v. State NCT Of Delhi & ANR.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8518/2024 JAVED ALI & ORS.

.....Petitioners Through:

Mr. Mrigank Shankar, Advocate with petitioners in person.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Deepa, P.S. Seelampur.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 13.11.2024 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0556/2015 registered under Sections 498-A/406/34 IPC & 4 of Dowry Prohibition Act at P.S. Seelampur, 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) and whereas petitioner Nos. 2 to 5 are the in-laws of the complainant. 3.

Ld. APP for the State submits that in the present case the petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. He further submits that chargesheet has been filed in the present case.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide MOU/Settlement Deed dated 09.10.2024. In terms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the settlement, the parties have already been granted divorce as per Muslim Personal Law vide Talaknama/Divorce Deed dated 09.10.2024. It was agreed that a sum of Rs.13,45,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, mehar amount, iddat expenses, permanent alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.6,95,000/- has already been paid and remaining balance amount of Rs.6,50,000/- is being paid today through a demand draft bearing No. 213995 dated 19.10.2024 drawn on Indian Bank, Yamuna Vihar, Delhi. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O.

6.

Learned counsel for the petitioners submits that though an affidavit has been filed stating to the effect that the rights of their minor children, who are in the custody of respondent No.2, shall remain unaffected by the terms of the settlement arrived at between the parties, however the same is lying under objection. Petitioner No.1, who is present in Court, reiterates that the rights of their minor children shall remain unaffected by the terms of the settlement. In acknowledgement of his statement made today in Court, petitioner No.1 as well as his counsel have signed the present order sheet. 7.

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 of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft handed over to her today.

8.

Learned counsel for the petitioners submits that no other proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

are pending between the parties.

9.

The parties shall remain bound by the statements and undertaking made in Court today.

10.

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, subject to encashment of aforesaid demand draft of Rs.6,50,000/-. 11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J NOVEMBER 13, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.