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Mohd Arshad Jamal & Ors vs The State & Anr on 11 December, 2023

Author: Jyoti Singh

Bench: Jyoti Singh

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                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CRL.M.C. 9054/2023
                                                MOHD ARSHAD JAMAL & ORS.                ..... Petitioners
                                                            Through: Mr. Rahul Kumar, Ms. Veshali, Mr.
                                                            Neeraj Kumar, Mr. C.K. Jha and Mr. Akhilendra
                                                            Nath, Advocates

                                                                                      versus

                                                THE STATE & ANR.                              ..... Respondents
                                                              Through: Mr. Digam Singh Dagar, APP for
                                                              State with SI Giriraj, P.S. Kamla Market.

                                                CORAM:
                                                HON'BLE MS. JUSTICE JYOTI SINGH
                                                                                      ORDER

% 11.12.2023 CRL.M.A. 33849/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

3. This petition has been filed by the Petitioner under Section 482 Cr.P.C. seeking quashing of FIR No.173/2018 dated 28.06.2018 registered under Sections 498A/406/506/34 IPC at P.S. Kamla Market.

4. It is stated in the petition that Petitioner No.3 is the husband of the Complainant. Their marriage was solemnized on 03.10.2010. Two children are born out of the said wedlock. With the intervention of family and friends, during the pendency of various cases filed by Respondent No.2/ CRL.M.C. 9054/2023 Page 1 of 3 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 14/12/2023 at 00:22:10 Complainant herein pertaining to maintenance under Section 125 Cr.P.C. and a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), the parties have arrived at a settlement before the Counsellor, Central District, Tis Hazari Court without any undue influence or coercion and out of the free will of the parties. It is further stated that pursuant to the settlement, the marriage between the parties has been dissolved. It is further stated in the petition that at the time of Mediation, Respondent No.2 had chosen to get divorce under Mubarat which is a form of divorce wherein both husband and wife are against continuation of marriage and want to separate and the same was permitted by the Petitioner. It is further stated that as per the monetary terms of settlement, a sum of Rs.1,50,000/- out of the total settlement amount of Rs.2,00,000/- has been paid to Respondent No.2 and a balance amount of Rs.50,000/- remains to be paid.

5. Further attention of this Court is drawn to an order of the learned Trial Court passed on 10.10.2023 wherein counsel for the Complainant had categorically stated before the Court that Complainant has no objection in providing NOC to the Petitioners herein in filing quashing petition as she does not want to pursue the present matter. However, post all these developments, Complainant is not cooperating now in quashing of the FIR despite best efforts of the Petitioners in trying to contact her and on the other hand, learned Trial Court has given last opportunity to the Petitioners to file a quashing petition failing which the matter shall proceed from the next date i.e. 23.12.2023, which has been fixed for appearance of the accused persons awaiting the quashing order/consideration on charge.

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 14/12/2023 at 00:22:10

6. Issue notice.

7. Learned APP accepts notice on behalf of the State.

8. Status report be filed before the next date of hearing.

9. On the Petitioners taking requisite steps, issue notice to Respondent No.2, through all permissible modes, returnable on 18.03.2024. Dasti in addition.

10. Learned Trial Court is requested to defer the proceedings on 23.12.2023 to a date beyond the date fixed by this Court.

JYOTI SINGH, J DECEMBER 11, 2023/kks CRL.M.C. 9054/2023 Page 3 of 3 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 14/12/2023 at 00:22:11