Mohd. Alam & ORS v. State & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1483/2019 MOHD. ALAM & ORS .... Petitioners Through:

Mohd. Ahmed, Adv. with the petitioners in person versus STATE & ANR .... Respondents Through:

Mr.Ashish Dutta, APP with SI Vijay Kumar, PS Sadar Bazar, Delhi Mr. M.M. Siddiqui, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.4/2011, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Sadar Bazar, Delhi and the proceedings emanating therefrom.

2.

Two Special Power of Attorneys stands filed on behalf of petitioner No.2 in favour of the petitioner No.4 and petitioner No.3 in favour of the petitioner No.5.

3.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before

the Mediation Centre, Tis Hazari Courts, Delhi on 29.1.2019, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 4.9.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.3.25 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.3.25 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that the petitioners have brought four demand drafts (demand draft No.509809 dated 11.3.2019 for an amount of Rs.1.25 lacs, demand draft No.850678 dated 11.3.2019 for an amount of Rs.1.20 lacs, demand draft No.228595 dated 11.3.2019 for an amount of Rs.40,000/- and demand draft No.256361 dated 11.3.2019 for an amount of Rs.40,000/-) which have been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be quashed. 6.

The Investigating Officer present in Court, has identified the petitioners (except petitioner Nos.2 and 3) as well as respondent No.2 and has also verified the Special Power of Attorneys and the settlement arrived at between the parties.

7.

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. 4/2011, under Sections 498-A/406/34 of the IPC, registered at P.S.: Sadar Bazar, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 24, 2019/rk