Samir Khan vs State - 2023 Supreme(Del) 219

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 219

DINESH KUMAR SHARMA
Samir Khan – Appellant
Versus
State – Respondent

Advocates Appeared:
For the Petitioner: Mr. Mohit Mudgal, Mr. Sandeep, Ms. Pavitra Bawa.
For the Respondent: Mr. Hemant Mehla, APP with Inspector Seema Yadav, Mr. K.K. Jha and Mr. Manish Kumar.

JUDGMENT :

Dinesh Kumar Sharma, J.

1. The present petition has been filed for quashing of FIR No. 27/2009 under Sections 498/406/34 IPC registered at PS Tughlak Road, New Delhi. The said FIR was lodged at the instance of the respondent No.2/complainant.

2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 08.01.2008 as per Muslim rites and rituals at Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 18.09.2008. Consequently, respondent no. 2/complainant lodged the present FIR against the Petitioners herein.

3. It has been submitted that Chargesheet in the present case has been filed. Charges have been framed and the matter is pending before the learned MM Court at the stage of prosecution evidence. During the proceedings, the matter was referred to mediation, whereby, the parties entered into a settlement at the Delhi Mediation Centre, Patiala House Court, New Delhi on 31.01.2017 on the following terms and conditions :

“1. That the parties have agreed to go for divorce by way of mutual consent or by getting the pending petition decre

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