Allowed

Mohd Safi & Ors. v. the State Govt of NCT of Delhi & Anr.

Delhi HC12 Mar 2019CRL.M.C./1613/2018

Case brief

AI extract

What is this about?

The Delhi High Court allowed a quashing petition wherein the petitioner paid the remaining settlement amount to the respondent via a banker's cheque handed in court. Finding no coercion and noting the fulfillment of the settlement, the Court quashed the FIR and associated proceedings.

What did the court decide?

The petition was allowed; FIR No.143/2013 dated 25.7.2013 and proceedings emanating therefrom were quashed.

Mohd Safi & Ors. Vs the State Govt of NCT of Delhi… — Matrimonial and Divorce | Delhi HC (2019)

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$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1613/2018 & CRL.M.A. 5855/2018

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MOHD SAFI & ORS ..... Petitioners

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Through: Ms. Rajeshwari Nivuratirao Reddy, Advocate

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versus

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THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through: Mr. Kamal Kumar Ghai, APP Mr. Vivek Kadyan, Advocate for respondent No.2

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CORAM: HON'BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 12.03.2019

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The present petition is for quashing of FIR No.143/2013 dated 25.7.2013, lodged in PS:Mandir Marg, New Delhi and the proceedings emanating therefrom.

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The proceedings arise out of matrimonial disputes between petitioner No.1 and respondent No.2. They have entered into a settlement dated 9.9.2017 before the National Lok Adalat, Family Court, Patiala House Court, New Delhi, a copy whereof has been annexed to the petition. Under the said settlement, petitioner No.1 was to pay to respondent No.2 a sum of Rs.6,25,000/-, out of which, it is accepted that he has paid a sum of Rs.4,00,000/-.

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Learned counsel for the petitioners has handed over a banker‟s cheque bearing No.236719, dated 7.3.2019, drawn on State Bank of India for the balance sum of Rs.2,25,000/- to learned counsel for

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respondent No.2 in Court, copy whereof is hereby taken on record.

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The parties are present in Court as well as the Investigating Officer („IO‟). The parties are identified by the IO and the contents of the settlement have also been verified and a Status Report has been filed.

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The parties confirm before the Court that they have entered into the settlement of their own will and volition and have not been pressurised or coerced in any manner.

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In these circumstances, no further purpose will be served in keeping the criminal proceedings alive. Consequently, the petition is allowed and FIR No. 143/2013 dated 25.7.2013, lodged in PS:Mandir Marg, New Delhi as well as the proceedings emanating therefrom are hereby quashed.

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The petitioners undertake before this Court that if respondent No.2 faces any difficulty in encashing the banker‟s cheque, which has been handed over today in Court, on account of the fact that it has been made in favour of “Miss Razia Khan” and her bank account is in the name of “Razia Khan”, in that event, the petitioners will cooperate in replacing the said banker‟s cheque with another banker‟s cheque for the same amount.

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Recording the aforesaid, the petition stands disposed of. Pending application is also disposed of.

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PRATEEK JALAN, J

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MARCH 12, 2019/tp

Mohd Safi & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

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Mohd Safi & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

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