Delhi High Court - Orders
Wahid Khan And Ors vs The State Nct Of Delhi & Anr on 2 February, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 683/2023
WAHID KHAN AND ORS. ..... Petitioners
Through: Mr. M.S. Reza, Ms. Fauzia, Advs.
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Ajay Vikram Singh, APP for
State with SI Prabhakaran, PS Dabri
Mr. Haneef Mohammad, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 02.02.2023 CRL.M.A. 2645/2023
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 683/20233. This is a petition seeking quashing of FIR No. 322/2015 dated 13.03.2015 u/s 498A/34/406 IPC registered at PS Dabri and proceedings emanating therefrom.
4. The quashing is based on a memorandum of understanding dated 11.01.2018, wherein the petitioner is to pay a sum of Rs. 40,000/- to respondent No. 2.
5. In the settlement, there are two clauses which read as under:
"AND WHEREAS the First Party has settled her entire claim towards her maintenance and permanent alimony (past, present and future all inclusive) and her other entire claim arisen out of Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:08.02.2023 15:06:02 the marriage with the Second Party as minor well as for the maintenance of her son Master Ayan in full and final for a sum of Rs.40,000/- (Rupees Forty Thousand Only).
5. That the above said payments of amounts totalling Rs. 40, 000/ - by the Second Party to the First Party sha1l be considered as ful1 and final payments to the First Party towards her stridhan, maintenance (present, past and future) qua this marriage as well as towards the maintenance of the minor child Master Ayan."
6. The said clauses are contrary to the judgment of 'Ganesh vs. Sudhir Kumar Srivastava' [(2020) 20 SCC 787].
7. The petitioner has handed over an affidavit 02.02.2023, wherein it has been stated that the memorandum of settlement dated 11.01.2018 and this order shall not come in the way of the minor child, master Ayan who is in the care and custody of respondent No. 2, claiming his legal rights and remedies with respect to maintenance, inheritance, educational and matrimonial expenses, etc. against either of the parties.
8. The affidavit is taken on record.
9. All the petitioners are present in Court and are identified by Mr. Reza, Adv. Respondent No. 2 is also present and is identified by Mr. Haneef Mohammad and IO SI Prabhakaran, PS Dabri.
10. Respondent No. 2 states that she has received Rs. 40,000/- from the petitioners.
11. The parties state that they have arrived at a settlement out of their own free will, without any threat, pressure, coercion or undue influence.
12. For the reasons stated above, FIR No. 322/2015 dated 13.03.2015 u/s 498A/406/34 IPC registered at PS Dabri and proceedings emanating therefrom, is quashed, subject to this order as well as the settlement not Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:08.02.2023 15:06:02 coming in the way of the minor child, claiming his legal rights and remedies with respect to maintenance, inheritance, educational and matrimonial expenses, etc. against either of the parties.
The petition is disposed of.
JASMEET SINGH, J FEBRUARY 2, 2023/dm Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:08.02.2023 15:06:02