Mohd. Rizwan And ANR v. The State And ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 342/2019 MOHD. RIZWAN AND ANR .... Petitioners Through:

Mohd. Idrish, Adv. with the petitioners in person versus THE STATE AND ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with IO in person R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.02.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1716/2014 under Sections 326-A/341/506/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Mehrauli, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have executed a Memorandum of Understanding dated 4.1.2019 on their own free will, without any force, pressure or coercion and now the petitioner No.1 and the respondent No.2 are living together happily. Hence, in the interest of justice, the present petition may be allowed and the aforesaid FIR may be quashed.

3.

The respondent No.2, on query of the Court, reiterated the aforesaid facts and submitted the marriage between her and petitioner No.1 was solemnised on 13.2.2015 according to Muslim rites and customs and they are now living happily. She further submitted that she has no complaint whatsoever against the petitioners and in the interest of justice as well as for the welfare of the family, the present petition may be allowed and the aforesaid FIR may be quashed. 4.

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. 5.

In view of the aforesaid circumstances, the Memorandum of Understanding executed between the parties as well as in the interest of justice and for the welfare of the family, 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. 1716/2014 under Sections 326-A/341/506/34 of the IPC, registered at Police Station Mehrauli, New Delhi and all the consequential proceedings arising out of the FIR are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 11, 2019/rk