Iqbal Mehendi & ORS v. State Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 183/2017 IQBAL MEHENDI & ORS ..... Petitioners Through:
Mr.S.Hasan M.Zaidi, Advocate with the petitioners in person.
versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:
Mr.Kewal Singh Ahuja, APP for State with Sub Inspector Anupam, P.S.
New Usmanpur, Delhi.
R-2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 17.01.2017 Crl.M.A.No.844/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 183/2017 This is a joint petition under Section 482 Cr.P.C. filed on behalf of the petitioners and the respondent No.2 seeking quashing of FIR No.841/2014, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, registered at Police Station New Usmanpur, Delhi and all subsequent proceedings arising therefrom.
Learned counsel for the petitioners submits that the present petition
has been filed jointly on behalf of the petitioners as well as the respondent No.2 on the basis of amicable settlement arrived at between the parties. Counsel for the petitioners further submits that the petitioner No.1 Iqbal Mehendi is the husband, petitioner No.2 Mrs.Mushahida Begum is the mother-in-law, petitioner No.3 Sagheer Mehandi @ S.M.Zaidi is the fatherin-law, petitioners No.4 & 5 Zaheer Mehandi and Arooj Mehandi are the brothers-in-law and the petitioner No.6 Shahana Begum is the sister-in-law of the respondent No.2 Smt.Kaniz Abbas @ Bushra. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 was solemnized on 11.12.2009 as per Muslim rights and customs at Delhi. Counsel further submits that due to misunderstanding arisen between the parties, the respondent No.
2 got registered an FIR No.841/2014, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, at Police Station New Usmanpur, Delhi. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the matter has been amicably settled/compromised between the parties and in terms of the said amicable settlement, the respondent No.2 has joined her matrimonial home and now she is living with the petitioners happily and peacefully along with her two minor sons, namely, Sams Raja and Izian Raja and all the grievances have been sorted out between the parties and further submits that nothing further remains to be adjudicated between them.
Counsel, however, further submits that the aforesaid FIR is coming as a hurdle in the peaceful life of both the parties and prays that since nothing further remains to be adjudicated, the said FIR may be quashed. The respondent No.2/complainant Smt.Kaniz Abbas @ Bushra is present in Court today and has been identified by the IO SI Anupam.
complainant, present in person, admits the factum of amicable settlement with the petitioners and further admits that in terms of the settlement she is now living happily and peacefully at her matrimonial home along with her two minor sons and she has no complaint of any nature against the petitioners. She further submits that the settlement arrived at between them is voluntary and without any force, pressure or coercion and further submits that she has no objection if the aforesaid FIR is quashed. Looking into the above facts and circumstances, since the matter has been amicably settled/compromised between the parties and that the petitioner No.1 and the respondent No.
2 are now living together as husband and wife happily and peacefully at the matrimonial home along with their two minor sons and nothing further remains to be adjudicated between the parties, I deem it appropriate to quash the FIR in question. Consequently, to meet the ends of justice, FIR No.841/2014, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, registered at Police Station New Usmanpur, Delhi and all subsequent proceedings arising therefrom are hereby quashed.
The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JANUARY 17, 2017 'dc'