Shahid & ORS v. The State & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 681/2019 SHAHID & ORS ..... Petitioners Through:

Mr. Rakesh Chahar & Mr.

Naveen Chauhan, Advocates versus THE STATE & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Pritam Singh, PS:Subhash Palace, Delhi Mr. I.A. Khan, Advocate for the complainant

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 06.02.2019 CRL.M.A. 2776/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 681/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.429/2011, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Subhash Place, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on

their own free will, without any force or coercion, vide Settlement dated 14.11.2018 before the Counselling Cell, Family Courts, Rohini, Delhi, in terms whereof the petitioner No.1 had to pay Rs.4,75,000/- to the respondent No.2. It is further submitted that out of Rs.4,75,000/-, an amount of Rs.2,00,000/- has already been paid to respondent No.2. It is also submitted that the marriage between petitioner No.1 and respondent No.2 has been dissolved as per Muslim Law. 3.

Respondent No.2, who is present in Court along with her brother, 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.2,75,000/- to her, which is required to be paid as per the settlement arrived at between the parties. 4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.669793, dated 29.11.2018, drawn on Punjab National Bank, for an amount of Rs.2,75,000/-, 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 arrived at between the parties. 6.

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. 429/2011, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Subhash Place, Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 06, 2019 tp