Mohd Rizwan & ORS v. The State Of Govt Of NCT Delhi & ANR

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 414/2018 MOHD RIZWAN & ORS ..... Petitioners Through Mr.Suneel Kumar Advocate versus THE STATE OF GOVT OF NCT DELHI & ANR ..... Respondents Through Mr.Kamal Kumar Ghai, APP for the State with SI Virendra Kr. PS Zafrabad Mr.R. K. Panwar,Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.07.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 0207/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Jafrabad, 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 Memorandum of Mutual Undertaking/Compomise dated 22nd November, 2016. It is also submitted that the marriage between

the petitioner No.1 and respondent No.2 has been dissolved by Talaqnama dated 22nd November, 2016 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable to her from the petitioners, she has no objection to the petition being allowed and the FIR being quashed. 4.

Respondent no.2 further stated that she has already remarried after the talaq between the parties according to Muslim Customs.

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. 0207/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S. Jafrabad, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 16, 2019/rr