Delhi High Court - Orders
Danish Ali Siddiqui & Ors vs State Nct Of Delhi & Anr on 11 October, 2021
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2007/2021
DANISH ALI SIDDIQUI & ORS. ..... Petitioners
Through: Mr. U. A. Khan, Advocate along with
petitioners-in-person.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Karan Jeet Rai Sharma, Advocate
for Mr. Sanjay Lao, ASC for the
State with SI Naresh Kumar Sharma,
PS Krishna Nagar.
Complainant-in-person.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 11.10.2021 HEARD THROUGH VIDEO CONFERENCING CRL.M.A. 16319/2021 (Exemption) Allowed, subject to all just exceptions.
W.P.(CRL) 2007/2021
1. The present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed for quashing FIR No.547/2020 dated 03.12.2020, registered at Police Station Krishna Nagar, Delhi for the offences punishable under Sections 498-A, 406 and 34 IPC. The present FIR is an outcome of a matrimonial dispute between the parties.
2. The respondent No.2 is the complainant, the petitioner No.1 is the husband of the complainant, petitioner No.2 is the Father-in-law of the complainant and petitioner No.3 is the Mother-in-law of the complainant.
W.P.(CRL) 2007/2021 Page 1 of 33. The principal ground on which the petition is filed is that the parties have amicably settled their disputes. In terms of the Settlement Deed, the petitioner No.1/husband has agreed to pay a sum of Rs.5,00,000/- to the complainant/respondent No.2 towards the full and final settlement of all her claims, including dowry, alimony and maintenance (Past, Present & Future).
4. The complainant/respondent No.2 has also filed an affidavit (page No.30 of the paper book) affirming the fact that the claims and grievances of the complainant against the petitioners in the abovementioned FIR stands settled. It is also stated that the complainant does not have any objection if the FIR against the petitioners is quashed as she has already settled her claims due to her.
5. Today, the parties have joined the proceedings through the Video Conferencing. The petitioners have been identified by their counsel. The complainant has been identified by the Investigating Officer, SI Naresh Kumar Sharma, PS Krishna Nagar, who has also joined the proceedings through Video Conferencing. The complainant/respondent No.2 states that she has received the entire amount as per the Settlement Deed arrived at between the parties and has settled all her matrimonial disputes with the petitioner No.1 out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and request that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court.
6. The parties, who have joined the proceedings through Video Conferencing, understand the implication of the present proceedings. In W.P.(CRL) 2007/2021 Page 2 of 3 view of the fact that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012 10 SCC 303) and in view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings. Resultantly, the FIR No.547/2020 dated 03.12.2020, registered at Police Station Krishna Nagar, Delhi for the offences punishable under Sections 498-A, 406 and 34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court.
7. The petition stands disposed of in above terms along with all the pending application(s), if any.
SUBRAMONIUM PRASAD, J OCTOBER 11, 2021 S. Zakir W.P.(CRL) 2007/2021 Page 3 of 3