Shakir Ali & Ors vs The State (Govt. Of Nct Of Delhi) & Anr on 29 May, 2023

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Delhi High Court - Orders

Shakir Ali & Ors vs The State (Govt. Of Nct Of Delhi) & Anr on 29 May, 2023

Bench: Jasmeet Singh

                                    $~63
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +    CRL.M.C. 3984/2023
                                         SHAKIR ALI & ORS.                           ..... Petitioner
                                                         Through: Mr. Saaed Abdullah, Adv.
                                                         versus
                                         THE STATE (GOVT. OF NCT OF DELHI) & ANR.
                                                                                           ..... Respondent
                                                         Through: Mr. Utkarsh, APP
                                                         ASI Batti Lal, PS Hauz Qazi
                                                         Ms. Glory Rana, Adv.
                                                         ASI Batti Lal, PS Hauz Qazi
                                         CORAM:
                                         HON'BLE MR. JUSTICE JASMEET SINGH
                                                         ORDER

% 29.05.2023 CRL.M.A. 15002/2023-EX.

Allowed subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 3984/2023

1. This is a petition seeking quashing of the FIR No. 66/2018 dated 31.05.2018 registered at PS Hauz Qazi under Section 498A/406/34 IPC and proceedings emanating therefrom.

2. During the pendency of the proceedings, the parties have arrived at a settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 17.11.2022, pursuant to which the petitioner has agreed to pay a total sum of Rs. 10.5 lakhs to the respondent No.2. A sum of Rs. 4.5 lakhs has already been paid to the respondent No.2 and the balance sum of Rs. 6 lakhs is being paid today in Court vide DD No. 303479 dated 20.05.2023 drawn on Canara Bank in the name of Ms. Asna Yousuf i.e. the minor child of the parties who is in the care and custody of the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 01:13:57 respondent No.2.

3. The petitioner is present in Court today and has been identified by Mr. Saaed Abdullah, Advocate.

4. The respondent No.2 is also present in Court today and has been identified by Ms. Glory Rana, Advocate and ASI Batti Lal, PS Hauz Qazi.

5. The parties state that they have arrived at the above said settlement out of their own free will and without any undue influence, threat, pressure or coercion.

6. The respondent No.2 states that she has no objection if the present FIR is quashed.

7. It is directed that in view of "Ganesh v. Sudhirkumar Srivastava & Ors." [2019 SCC Online SC 1107], the settlement and this order shall not come in the way of the minor child claiming her rights of inheritance, maintenance, education, marriage etc. against either of the parties.

8. With these directions, the FIR No. 66/2018 dated 31.05.2018 registered at PS Hauz Qazi under Section 498A/406/34 IPC and all consequential proceedings emanating therefrom are hereby quashed.

9. The petition is disposed of in the aforesaid terms.

JASMEET SINGH, J MAY 29, 2023 / (MS) Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 01:13:57

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Delhi High Court - Orders