This is a dismissal order stating the withdrawal of a petition for quashing an FIR on Section 498-A IPC, noting a settlement but also dismissing the application due to withdrawal.
Petition dismissed as withdrawn with liberty to seek redressal and file a fresh petition.
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SALEEM & ORS ..... Petitioner
Through: Mr. Harendra Kumar, Advocate.
versus
STATE (GOVT. OF NCT DELHI) ..... Respondent Through: Mr. Raghuvinder Varma, APP for State with ASI Surinder Dutt, PS Hari Nagar. R-2 in person with Ms. Shefali Dua, Adv for R-2.
CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
Vide the present petition, the petitioner seeks quashing of the FIR No.208/17, PS Hari Nagar under Sections 498-A/406/34 of the Indian Penal Code, 1860 submitting inter alia to the effect that a settlement has since been arrived at between the parties and that there has also been a divorce between the parties.
Placed on record is a settlement document, i.e., the settlement arrived at Delhi Mediation Centre on 05.12.2017 which indicates that vide Clause 3 thereof which has been categorically stated that the first instalment of Rs. 5 lakhs would be paid at the time of divorce before the concerned court on 30.01.2018 by way of a demand draft and as apparently no such proceedings before any court in relation to divorce have been conducted and placed on record is a document indicating
that there was a stated oral triple talaq by the petitioner no. 1, in view thereof, the petitioner may seek redressal in accordance with law after execution of the talaqnama. The petition is dismissed as withdrawn with liberty granted to the petitioner to seek redressal and file a fresh petition in accordance with law.
ANU MALHOTRA, J
MAY 03, 2018 NC
Saleem & Ors
State (Govt. of NCT Delhi)
Anu Malhotra
As recorded by the court registry
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