Salman v. State (NCT Of Delhi) And ANR

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 181/2016 SALMAN ..... Petitioner Through:

Mr Ankur Sood and Mr Shoumendu Mukherji, Advs.

versus STATE (NCT OF DELHI) AND ANR ..... Respondent Through:

Mr M.P.

Singh, Additional Public Prosecutor for the State alongwith Sub Inspector Suresh Pal Police Station Jama Masjid, Delhi

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 15.01.2016 Crl. MA 710/2015 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 181/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioner for quashing of FIR No.114/2013 registered at Police Station Jama Masjid, Delhi under Sections 354/324/506 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

A compromise deed dated 30.11.2015 appearing pgs. 51 of the paper book has been placed on record according to which the parties got married on 28.10.2013, however, due to temperamental differences, the petitioner gave Talaq to the respondent no.2 on 30.11.2015. It was agreed that a sum of Rs.3.20 lac will be paid by the petitioner to the respondent no.2. A sum of Rs.2 lac has already been paid and the balance amount of Rs.1.20 lac in cash has been paid today in the Court by counsel for the petitioner to the respondent no.2.

The respondent No.2/complainant is present in person (duly identified by the Investigating Officer) and submits that she has amicably resolved all disputes with the petitioner voluntarily without there being any threat, coercion or pressure of any sort and

in view of the settlement arrived at between the parties, she does not want any action against the petitioner and does not have any objection to quashing of the instant FIR. Mr M.P. Singh, Additional Public Prosecutor for the State submits that in view of the settlement arrived at between the parties, he has no objection to quashing of FIR. Keeping in view the facts that the parties have compromised the matter with each other amicably, no useful purpose would be served by continuing the criminal proceedings against the petitioner, which will only be an exercise in futility and wastage of precious time of the Court.

Accordingly, the petition is allowed and the FIR No.114/2013 registered at Police Station Jama Masjid, Delhi under Sections 354/324/506 IPC and consequent proceedings emanating therefrom are hereby quashed subject to cost of Rs.15,000/- to be deposited by the petitioner with Delhi High Court Legal Services Committee within two (2) weeks. Receipt of deposit be placed on record.

The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioner. SUNITA GUPTA, J JANUARY 15, 2016/rd