Danish And ORS. v. State Govt. Of NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9994/2024 DANISH AND ORS.
.....Petitioners Through:
Mr. Arun Sheoran and Mr. Sumit, Advs. along with petitioners.
versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:
Mr. Nawal Kishore Jha, APP for the State.
SI Sanjay Bansal, PS Bhajanpura Mr. Rabindra Singh, Mr. Asif Ali, Ms. Ekta Singh and Ms. Pooja, Advs.
for R-2 along with R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 15.01.2025 CRL.M.A. 38321/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
CRL.M.C. 9994/2024 3.
The present petition has been filed under Section 482 of CrPC seeking quashing of FIR No.584/2018 under Sections 498A/406/34 IPC registered at Police Station Bhajan Pura, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
4.
Issue notice. Mr. Nawal Kishore Jha, the learned APP appearing on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
behalf of the State and Mr. Rabindra Singh, the learned counsel appearing on behalf of the respondent no.2 accept notice. They submit that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, they have no objection in case the FIR in question is quashed. 5.
The petitioner no.1 (former husband), as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel, as well as, by the Investigating Officer, SI Sanjay Bansal, PS Bhajanpura, Delhi.
6.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 23.10.2017 according to Muslim Rites and Customs.
7.
On account of temperamental issues certain disputes arose between the parties and they started living separately. The dispute between the parties also led to the registration of present FIR. 8.
During pendency of the proceedings, the parties were referred to Counselling Cell, Karkardooma Courts, Delhi where they have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Deed/Divorce Deed dated 08.04.2019, which is annexed as Annexure-B to the present petition.
9.
In terms of the said settlement, the parties decided to dissolve their marriage.
10.
It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.3,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of permanent alimony, maintenance (past, present and future) etc. The said amount of Rs.3,00,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
manner as mentioned in the settlement.
11.
The receipt of entire amount of Rs.3,00,000/- is acknowledged by the respondent no.2, who is present in court.
12.
The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.
13.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
14.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 15.
Consequently, the petition is allowed and the FIR No.584/2018 under Sections 498A/406/34 IPC registered at Police Station Bhajan Pura, Delhi alongwith all other proceedings emanating therefrom, is quashed. 16.
The petition stands disposed of in the above terms. 17.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 15, 2025/NG The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.