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$-17 HIGH COURT OF DELHI
CRL.M.C. 5801/2014
FURKAN KHAN &ORS. Petitioners
Through Mr. Sitab Ali Chaudhary, Adv.
CRL.M.C. 5801/2014
FURKAN KHAN &ORS. Petitioners
Through Mr. Sitab Ali Chaudhary, Adv.
VERSUS
STATE (GNCT OF DELHI) &ANR. Respondents
Through Mr. Ravi Nayak, APP for the State Mr. Anil Kumar Chandel, Adv. along with respondent No.2 inperson
Through Mr. Ravi Nayak, APP for the State Mr. Anil Kumar Chandel, Adv. along with respondent No.2 inperson
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
14.01.2015
14.01.2015
CRL.M.A.19749/2014 rExemption)
Exemption allowed, subject to just exceptions.
Application is disposed of.
^ CRL.M.C.5801/2ni4 The present petition has been filed by the petitioner under
^ Section 482 Cr.P.C. seeking quashing of FIR No.173/2014, under
Section 498-A/406/34 IPG, registered at P.S. Malviya Nagar, New Delhi onthe complaint ofrespondent No.2.
Brief facts of the case are that the marriage between the petitioner No.l and respondent No.2 was solemnized on 29*^
December, 2012. On the complaint ofrespondent No.2, the aforesaid
2015:DHC:10597 > FIR was registered against the petitioner on 13^^ February, 2014.
During the course ofthe proceedings, the petitioners and respondent
No.2 have settled their disputes amicably before the Delhi High Court
Mediation and Conciliation Centre, Delhi High Court. The
Settlement Agreement dated 16^^ October, 2014 entered into between petitioner No.l and respondent No.2 is placed on record, which is duly signed by the petitioners and respondent No.2. The terms and conditions of the Settlement Agreement areas under:-
"a) That the parties have been living together since 20.09.2014 peacefully and happily and both theparties want to continue the same. b) That both the parties have amicably resolved their differences and/or disputes in terms hereof and agree and undertake to stay together as husband and wife. c) Both the parties agree that they shall ensure that there is no undue interference from their respective family members and/or in their matrimonial lives. d) Both the parties agree and undertake to stay in harmony with each other, respect each other's wishes and desires. They shall not do or cause to do any act which annoys or provokes the other. e) Both the parties undertake and agree to live harmoniously with each other. However, in case they are not in a position to live so, as agreed hereinabove, despite their best efforts, then the
Second Party shall be at liberty to get the above said proceedings revived. f) That the Second Party undertakes to cooperate in withdrawal of the above said proceedings. It is further agreed that both the parties shall approach the Court for withdrawal of the above said proceedings within one month from the date ofthe signing ofthis SettlementAgreement. g) However, Sh. Gufran Ali S/o Sh. Islamuddin R/o C-
168/Shaheen Bagh, Abul Fazal Enclave Part-2, Jamia Nagar, Okhla, New Delhi-110025 who is also a party to the above said proceedings, has been authorized by other parties i.e. Ms. Guddi, Ms. Nelophar, Mr. Noor Hassan, Ms. Aaysha and Ms. Mumtaz to represent and sign this settlement agreement in the above said proceedings on their behalf. All the Special Power ofAttomey's have been annexed as ANNEXURE-Al.
By signing this agreement, the parties hereto states that they have no further claims or demands against each other and all disputes and differences have been amicably settled by the parties hereto through the process ofmediation.
That the parties undertake before the Hon'ble High Court to abide by the terms and conditions set out in the present Settlement
Agreement and not to dispute the same hereafter in future."
The petitioner No.l and respondent No.2 are present, who are duly identified by their respective counsels. Petitioners No.2 to 8 are not present. Respondent No.2 has no objection if the appearance of thepetitioners No.2 to 8 be dispensed with, in viewof the fact thatthe disputes between theparties have already beenresolved.
Respondent No.2 has confirmed that she does not want to proceed further against her husband, i.e. the petitioner No.l and his other family members, i.e. petitioner No.2 to 8, as both of them are residing together peacefully. She has no objection if the prayer made in the petition is allowed.
In view of the settlement, the FIR No.173/2014, under Section
498-A/406/34 IPG, registered at P.S. Malviya Nagar, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners.
Thepetition is accordingly disposed of JANUARY 14,2015/nn
Exemption allowed, subject to just exceptions.
Application is disposed of.
^ CRL.M.C.5801/2ni4 The present petition has been filed by the petitioner under
^ Section 482 Cr.P.C. seeking quashing of FIR No.173/2014, under
Section 498-A/406/34 IPG, registered at P.S. Malviya Nagar, New Delhi onthe complaint ofrespondent No.2.
Brief facts of the case are that the marriage between the petitioner No.l and respondent No.2 was solemnized on 29*^
December, 2012. On the complaint ofrespondent No.2, the aforesaid
2015:DHC:10597 > FIR was registered against the petitioner on 13^^ February, 2014.
During the course ofthe proceedings, the petitioners and respondent
No.2 have settled their disputes amicably before the Delhi High Court
Mediation and Conciliation Centre, Delhi High Court. The
Settlement Agreement dated 16^^ October, 2014 entered into between petitioner No.l and respondent No.2 is placed on record, which is duly signed by the petitioners and respondent No.2. The terms and conditions of the Settlement Agreement areas under:-
"a) That the parties have been living together since 20.09.2014 peacefully and happily and both theparties want to continue the same. b) That both the parties have amicably resolved their differences and/or disputes in terms hereof and agree and undertake to stay together as husband and wife. c) Both the parties agree that they shall ensure that there is no undue interference from their respective family members and/or in their matrimonial lives. d) Both the parties agree and undertake to stay in harmony with each other, respect each other's wishes and desires. They shall not do or cause to do any act which annoys or provokes the other. e) Both the parties undertake and agree to live harmoniously with each other. However, in case they are not in a position to live so, as agreed hereinabove, despite their best efforts, then the
Second Party shall be at liberty to get the above said proceedings revived. f) That the Second Party undertakes to cooperate in withdrawal of the above said proceedings. It is further agreed that both the parties shall approach the Court for withdrawal of the above said proceedings within one month from the date ofthe signing ofthis SettlementAgreement. g) However, Sh. Gufran Ali S/o Sh. Islamuddin R/o C-
168/Shaheen Bagh, Abul Fazal Enclave Part-2, Jamia Nagar, Okhla, New Delhi-110025 who is also a party to the above said proceedings, has been authorized by other parties i.e. Ms. Guddi, Ms. Nelophar, Mr. Noor Hassan, Ms. Aaysha and Ms. Mumtaz to represent and sign this settlement agreement in the above said proceedings on their behalf. All the Special Power ofAttomey's have been annexed as ANNEXURE-Al.
By signing this agreement, the parties hereto states that they have no further claims or demands against each other and all disputes and differences have been amicably settled by the parties hereto through the process ofmediation.
That the parties undertake before the Hon'ble High Court to abide by the terms and conditions set out in the present Settlement
Agreement and not to dispute the same hereafter in future."
The petitioner No.l and respondent No.2 are present, who are duly identified by their respective counsels. Petitioners No.2 to 8 are not present. Respondent No.2 has no objection if the appearance of thepetitioners No.2 to 8 be dispensed with, in viewof the fact thatthe disputes between theparties have already beenresolved.
Respondent No.2 has confirmed that she does not want to proceed further against her husband, i.e. the petitioner No.l and his other family members, i.e. petitioner No.2 to 8, as both of them are residing together peacefully. She has no objection if the prayer made in the petition is allowed.
In view of the settlement, the FIR No.173/2014, under Section
498-A/406/34 IPG, registered at P.S. Malviya Nagar, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners.
Thepetition is accordingly disposed of JANUARY 14,2015/nn
JUDGMENT