IMRAN KHAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 277/2019, dtd. 14/8/2019, registered at P.S Sangam Vihar, Delhi under Ss. 498A/323/34 IPC and Sec. 4 of Muslim Women Protection Rights on Marriage Act, 2019 and all proceedings emanating therefrom on the basis of settlement between the parties.

(2.) The marriage between Petitioner and Respondent No. 2 was solemnized on 5/4/2015 as per Muslim rites and ceremonies at Delhi. It is submitted that 2 daughters namely Rida aged about 8 years and Sanaya aged about 5 years were born out of the said wedlock. Thereafter, due to some temperamental differences Respondent No. 2 and Petitioner started living separately since 14/8/2019. It is alleged that Petitioner after the birth of their younger daughter, assaulted Respondent No. 2 both physically and mentally, followed by abuses and pronounced "Talaq" three times, thereby seeking instant divorce. Thereafter, Respondent No. 2 filed FIR No. 277/2019, dtd. 14/8/2019, at P.S Sangam Vihar, Delhi under Sec. 498A/323/34 IPC and Sec. 4 of Muslim Women Protection Rights on Marriage Act, 2019.

(3.) During the proceedings, the parties amicably resolved their disputes and executed a Mediation Settlement dtd. 13/12/2024 at Delhi Mediation Centre, Karkardooma Courts, Delhi. In pursuance of the settlement Petitioner No. 1 and Respondent No. 2 mutually got divorce on 7/11/2024 as per Mohammadan laws, thereby dissolving the marriage between the Petitioner No. 1 and Respondent No.2. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.4,25,000.00 (Rupees four lacs twenty five thousand only) as per the schedule mentioned in the Settlement Deed. The copy of Mediation Settlement dtd. 13/12/2024 has been placed on record as Annexure P/3.