SULEMAN Vs. STATE

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 0323/2018, dtd. 8/5/2018, registered at P.S Jafrabad under Sec. 498A/354/406/34 IPC and Sec. 4 of the Dowry prohibition Act, 1961 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 8/4/2010 as per Muslim rites and ceremonies under Shariyat law. Three children namely Ikra (aged 11 years), Mantasha (aged 09 years) and Bilal (aged 07 years) were born out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately from 2017. Thereafter, the Respondent No.2 filed a complaint which culminated into the aforesaid FIR 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. MM, Mahila Court-03, Karkardooma Courts, Delhi whereby they amicably resolved their disputes and executed a Settlement Agreement dtd. 18/4/2024. In pursuance of the Settlement, the parties have already parted ways by taking divorce as per Muslim Law thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2. The final instalment of Rs.75,000.00 bearing DD No. 513333 drawn on Central Bank of India, Delhi is paid 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.2,75,000.00 as per the schedule mentioned in the Settlement Agreement. The copy of Settlement Agreement dtd. 18/4/2024 has been placed on record as Annexure P-2.