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2023 Supreme(Del) 4780

DINESH KUMAR SHARMA
Firoz Khan – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Faraz Maqbool, Mr. Chinmai Chatterjee and Mr. Chandan Kumar, Advocates, for the Petitioner.
Ms. Manjeet Arya, APP, for the State with SI Rajender Singh, PS welcome. Mr. Gautam Khazanchi and Mr. Anuj Aggarwal, Advocates, for the Respondent-2.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 17072/2023 (Exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 4455/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 109/2019 registered at PS Welcome under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 17.04.2011 in accordance with the Muslim customs and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR. There are three children both out of the wedlock. Both the parties state that they are residing together since for the last three years.

3. Parties have reached on settlement dated 10.04.2023 with following terms and conditions:

    I. The settlement between the Parties envisages resolution of all disputes/differences. The Parties agree that with the due implementation of their respective obligations under the present Settlement Agreement, there shall n

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