Firoj Alam v. The State & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6147/2019 FIROJ ALAM ..... Petitioner Through:

Mr. Ashok Kumar Sabharwal, Advocate versus THE STATE & ANR.

..... Respondents Through:

Mr. Ashok Kumar Garg, APP Mr. M. Asif Khan, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.12.2019 1.

Issue notice. Notice is accepted by the learned APP for the State and by learned counsel for respondent No.2. 2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.176/2018, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Subhash Place, Delhi and the proceedings emanating therefrom. 3.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Mutual Divorce by way of Mubarat on 22.7.2019, as is also evident from the proceedings dated 3.8.2019 and 3.10.2019, in terms whereof petitioner No.1 had agreed to pay Rs.4,00,000/- to the respondent No.2. It is further submitted

that out of Rs.4,00,000/-, an amount of Rs.2,50,000/- has already been paid to respondent No.2. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has been dissolved by way of mubarat on 22.7.2019. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the balance amount of Rs.1,50,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

5.

Learned counsel for the petitioners submitted that the petitioners have brought two demand drafts - one bearing No.115060, dated 20.11.2019, drawn on Oriental Bank of Commerce, for an amount of Rs.90,000/- and another bearing No.346942, dated 25.11.2019, drawn on Punjab National Bank, for an amount of Rs.60,000/-, which have been handed over to the respondent No.2 today in the Court.

6.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 7.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.176/2018, under Sections 498-A/406/34 of the IPC,

registered at P.S.: Subhash Place, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 16, 2019 tp