O R D E R

% 04.09.2024 CRL.M.A. 21574/2024 (exemption)

Exemption is allowed subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 5649/2024

1. The present petition has been filed for quashing of FIR No.553/2014 dated 07.08.2014 under Sections 498A/406/34 IPC at PS Ghazipur and all the other proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 15.11.2013 in accordance with Muslim Rites and Ceremonies. Learned counsel has also submitted that out of the said wedlock one girl child namely Muskan was born, presently aged about 10 years. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 06.03.2014 and have instituted multiple litigations against each other and their respective families including the present FIR. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the learned MM, Karkardooma Courts, New Delhi.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably and in furtherance thereof they have entered into a settlement agreement dated

22.05.2024 on the following terms and conditions:

“1. That the Nikah/marriage of the first party with the second party was solemnized on 15.11.2013 in Delhi as per Muslim customs. From this marriage, a daughter (Muskan, aged about Ten years) was born to both the parties, who is currently with the first party/wife and will remain with her in future also.

2. That after some time of marriage estrangement started between the both the parties and relatives of the parties were trying to settle the estrangement between the parties but they were failed. After this first party has registered the FIR No.533/2014 IPC section 498A/406/34 was registered.

3. That there was some discord between the first party and the second party and even after a lot of persuasion from the family members, the differences that arose between the parties did not end. As a result, both the parties decided to divorce on the basis of mutual consent.

4. That due to mutual differences, on 06.03.2014, the first party/wife left the second party/husband and went to her maternal home.

5. That despite a lot of efforts by the family members, relatives and friends of both the parties, both the parties are not ready to live with each other under one roof as husband and wife and now both the parties are going to live separately without their consent. Without any fear, pressure or coercion, they will divorce and live separately and there is no relationship left between the parties.

6. That now on the intervention of common well-wisher and respectable persons, both the parties to this deed settlement deed dated 22.05.2024 have amicably settled all their disputes and differences and have resolved the matter, 7. That today, on 22.05.2024, in exercise of their rights, both the parties are separating (getting a divorce) in the presence of witnesses as per Muslim Shariat.

8. That on 10.01.2023 at the address of the first party/wife in front of the witnesses second party namely Rashid has given Rs. 25.000/- (Rupees Twenty Five Thousand only), all jewellery and dowry articles to the first party/ wife namely Sahista and told that "I give you first Divorce", and how it is first divorce has given.

9. That on 12.02.2023 at the address of the first party in front of the witnesses. second party namely Rashid has given Rs. 25.000/- (Rupees Twenty Five Thousand only) to the first Party namely Sahista and told that "I give you second Divorce", and how it is second divorce has given.

10. That on 15.03.2023 at the address of the first party in front of the witnesses second party namely Rashid has given Rs. 30,000/- (Rupees Thirty Thousand only) to the first Party namely Sahista and told that "I give you third Divorce", and how it is third divorce has given.

11. That both the par