Rukshad @ Naushad & ORS. v. State & ANR.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 563/2019 RUKSHAD @ NAUSHAD & ORS.

..... Petitioners Through:

Mr. Pankaj Kumar, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with ASI Jatan Swaroop, PS:Krishna Nagar, Delhi Counsel for respondent No.2(name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 01.02.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.158/2013, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') registered at P.S.: Krishna Nagar, Delhi and the proceedings emanating therefrom. 2.

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 Settlement dated 17.5.2018 before the Delhi Mediation Centre, Karkardooma Courts, Delhi, in terms whereof the petitioner No.1 had to pay Rs.3,00,000/- to the respondent

No.2. It is further submitted that out of Rs.3,00,000/-, an amount of Rs.2,50,000/- has already been paid to respondent No.2 and according to the settlement, the petitioner No.1 pronounced talaq to respondent No.2 in three consecutive months and finally on 18.12.2018 and the petitioner No.1 and respondent No.2 executed talaqnama-cum-settlement on 19.12.2018.

3.

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 petitioner No.1 pays the balance amount of Rs.50,000/- to her, which is required to be paid as per the Settlement. 4.

Learned counsel for the petitioners submitted that the petitioners have brought Rs. 50,000/- in cash, which has been handed over to the respondent No.2 today in the Court. 5.

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.

6.

In view of the aforesaid circumstances and the Settlement arrived at between the parties, 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.158/2013, under Sections 498A/406/34 of the IPC, registered at P.S.: Krishna Nagar, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 01, 2019 tp