Allowed

Imam Sadique Zafar @ Imam Zafar Sadique v. State of NCT of Delhi & Anr.

Delhi HC9 Jul 2024CRL.M.C./5161/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR registered under Sections 498A and 406 IPC in a matrimonial dispute where the parties settled their dispute. The marriage was dissolved by Muslim rites, and the petitioner undertook to pay the remaining settlement amount, ensuring the minor child's rights remained unaffected.

What did the court decide?

Quashed FIR No.2/2020 and consequent proceedings, subject to payment of the remaining settlement amount of Rs.28,000/-

Imam Sadique Zafar @ Imam Zafar Sadique Vs State of NCT of… — Dowry and Cruelty | Delhi HC (2024)

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5161/2024

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IMAM SADIQUE ZAFAR @ IMAM ZAFAR SADIQUE

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.....Petitioner

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Through: Mr.Mumtaz Ahmad, Mr.Satish Sharma and Ms.Bhawana Sharma, Advocates with petitioner in person

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Surekha and SI Vandana Respondent No.2 in person

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R

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% 09.07.2024

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CRL.M.A. 19704/2024 (exemption)

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Allowed, subject to all just exceptions.

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The application is disposed of.

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CRL.M.C. 5161/2024

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By way of the present petition, the petitioner seeks quashing of FIR No.2/2020 registered under Sections 498A/406 IPC at P.S. Saket, New 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 respondent No. 2 /complainant (wife) and the petitioner/husband.

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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 22/07/2024 at 12:31:31

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Learned APP for the State submits that the petitioner is the only accused and respondent No. 2 is the complainant/victim.

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Learned counsel for the petitioner submits that the parties have settled their dispute before the Mediation Centre, Saket Courts, New Delhi on 05.07.2023. It is further stated that the marriage between petitioner No.1 and respondent No. 2 has already been dissolved as per Muslim rites and rituals. In terms of the settlement, respondent No. 2 is now left with no grievance whatsoever against the petitioner.

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The petitioner, who is present in Court, states that the rights of the minor child, who is in the custody of respondent No.2, shall remain unaffected by the terms of the settlement. In acknowledgement of the said statement, the petitioner and his counsel have signed the order sheet. The petitioner further undertakes that the remaining amount of Rs.28,000/- will be paid as per the terms of the settlement agreement. The undertaking is accepted, taken on record and the petitioner is made bound by the same.

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The petitioner, who is present in the Court, has been identified by his counsel and the Investigating Officer. Respondent No.2, who is also present in the Court, has been identified by the Investigating Officer. 7. Respondent No. 2 states that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to payment of the aforesaid remaining amount.

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Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

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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 22/07/2024 at 12:31:31

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The parties shall remain bound by the statements 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 subject to payment of the aforesaid remaining amount.

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The petition is disposed of in the above terms.

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MANOJ KUMAR OHRI, J

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JULY 9, 2024 na

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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 22/07/2024 at 12:31:31

Imam Sadique Zafar @ Imam Zafar Sadique v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Imam Sadique Zafar @ Imam Zafar Sadique v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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