Partly allowed

Zeeshan Ahmed & Ors. v. the State & Anr.

Delhi HC13 Nov 2024CRL.M.C./2390/2020

Case brief

AI extract

What is this about?

Matrimonial-dispute FIR sought to be quashed after divorce by Talaqnama and full settlement payment acknowledged by the complainant. Quashing granted in favour of petitioners 1 to 4 only; dismissed qua petitioner No. 5 facing Sections 376/354 allegations, whose trial continues.

What did the court decide?

FIR No. 182/2018 and consequent proceedings quashed qua petitioner Nos. 1 to 4 only; trial continues against petitioner No. 5.

Zeeshan Ahmed & Ors. Vs the State & Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~48

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2390/2020, CRL.M.A. 2582/2024

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ZEESHAN AHMED & ORS. .....Petitioners Through: Mohd. Ahmed, Advocate with petitioner Nos. 1, 2 and 5 in person and petitioner Nos. 3 and 4 through V.C.

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versus

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THE STATE & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for State with SI Omkant, P.S. Hauz Qazi. Mr. L.C. Rajput, Advocate for respondent No.2 alongwith respondent No.2 through V.C.

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CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 13.11.2024

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The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 182/2018 registered under Sections 498-A/406/354A/354-B/376/34 IPC at P.S. Hauz Qazi, Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No. 1 (husband), whereas petitioner Nos. 2 to 5 are in-laws of the complainant.

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It is submitted that the parties have settled their disputes and the marriage between the parties has been dissolved as per Muslim Personal Law vide Divorce Deed/ Talaqnama dated 05.12.2019. Further, it was agreed between the parties that petitioner No.1 would pay a sum of

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This is a digitally signed order.

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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 18/11/2024 at 12:16:55

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Rs.12,00,000/- as full and final settlement to respondent No. 2 towards her claims qua maintenance, mehar amount, iddat expenses, permanent alimony, etc. It is further submitted that entire settled amount has already been paid to the respondent No.2.

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Ld. APP for the State submits that in the present case, the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He however, raises objection to the prayer made by contending that the allegations against petitioner No.5/ Rehan are with respect to offences under Sections 376/354 IPC. He further submits that the prosecutrix has already been examined and her evidence is still continuing before the Trial Court.

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Petitioner No.1, 2 and 5, who are present in Court and petitioner Nos.3 and 4, who have joined the proceedings through V.C., have been identified by their counsel as well as by I.O. 6. Respondent No.2 has also joined the proceedings through V.C. alongwith her counsel and has also been identified by the I.O. She states that she has settled her disputes with petitioner No.1 out of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and states that she has no objection to the quashing of FIR qua the petitioner Nos. 1 to 4 only.

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Considering that the allegations levelled against petitioner No.5/ Rehan are with respect to the offence under Sections 376/354 IPC and that respondent No.2 has been examined and also in the light of the decisions of the Supreme Court in Gian Singh v. State of Punjab & Anr. reported as (2012) 10 SCC 303 and Shimbhu v. State of Haryana reported as (2014) 13 SCC 318 , the petition qua the petitioner No.5 is dismissed.

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This is a digitally signed order.

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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 18/11/2024 at 12:16:55

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At this stage, learned counsel for the petitioners further submits that insofar as the minor child is concerned, Clause (4) of the MOU/ Talaqnama dated 05.12.2019 with regard to rights of the minor child stands deleted and in this regard Second MOU dated 05.08.2024 has been placed on record. Petitioner No.1, who is present in Court, reiterates that rights of their minor child shall remain unaffected by the terms of the MOU/Talaqnama dated 05.12.2019. In acknowledgement of his statement made today in Court, petitioner No.1 as well as his counsel have signed the order sheet.

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The parties shall remain bound by the statements and undertaking made in Court today.

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed qua the petitioner Nos. 1 to 4 only. The trial shall continue against the petitioner No.5.

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With the above directions, the petition is disposed of alongwith pending application.

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MANOJ KUMAR OHRI, J

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NOVEMBER 13, 2024 ga

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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 18/11/2024 at 12:16:55

Zeeshan Ahmed & Ors. v. the State & Anr.

Case brief

What is this about?

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Zeeshan Ahmed & Ors. v. the State & Anr.

Case brief

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