RIZWAN AHMAD Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 1195/2023, dtd. 29/11/2023, registered at P.S Mangol Puri under Sec. 498/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

(2.) The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 2/4/2013 as per Muslim rites and ceremonies. One child namely Izaan Ahmad was born out of the said wedlock on 7/6/2014. It is submitted that due to temperamental differences, the couple started living separately from 11/7/2022. The Petitioner No.1 lodged FIR No. 1037/2023 under Sec. 379/406/494/420/34 IPC, registered at PS Civil Line, District Moradabad, UP. Thereafter, the Respondent No.2 filed a petition under Sec. 12 of the DV Act and a complaint which culminated into the registration of FIR No. 1195/2023 against Petitioner No. 1 and his family members.

(3.) During the pendency of the proceedings, the parties were referred to mediation by the Court of Ld. JMFC, Mahila Court-01, Rohini Courts, Delhi where they amicably settled their disputes/claims before the Mediation Centre, Rohini Courts, Delhi vide Settlement/ Agreement dtd. 4/12/2024. In pursuance of the Settlement, the parties have already parted ways by taking mutual divorce as per Muslim Law thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2 on 10/12/2024. The final instalment of Rs.10,00,000.00 bearing DD No. 887396 drawn on Punjab National Bank, Moradabad, UP is handed over by the Petitioner No.1 to the Respondent No.2 in court today. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.18,50,000.00 as per the schedule mentioned in the Settlement Agreement. The copy of Settlement Agreement dtd. 4/12/2024 has been placed on record as Annexure P-3.