Ayazuddin & ORS. v. State & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1363/2020 AYAZUDDIN & ORS. ..... Petitioners Through : Mr.Shuaib Uddin, Advocate with petitioners in person.

versus STATE & ANR. ..... Respondents Through : Mr.M.S.Oberoi, Addl. PP for the State with SI Ram Niwas, PS Chandni Mahal, SI Ram Avtar, PS Prasad Nagar, Delhi in person.

Mr.Karan Singh Tanwar and Mr.Naashit M Ali, Advocates for respondent No.2 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 11.03.2020 Petitioners filed this petition under Section 482 Criminal Procedure Code for quashing of the FIR No.187/2017 under Section 406/498A/34 Indian Penal Code registered at police station Chandni Mahal, Delhi against them and the proceedings emanating therefrom. As also the Criminal Compliant Case No.7930/2018 pending before learned Metropolitan Magistrate-1, Mahila Courts, Central District, Delhi.

The petitioner No.1 is husband and complainant/ respondent No.2/wife have settled their disputes amicably per Mutual Agreement dated 02.06.2018, annexed with petition. Respondent No.2 has joined the matrimonial house with petitioner No.1 and they are living happily as a couple. The complainant has also agreed to withdraw the compliant / cases filed against the petitioners.

The complainant/respondent No.2 is present along with learned counsel and has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners and she has joined the company of petitioner No.1. The affidavit of respondent No.2 is at pages No.69-70 and she has no objection if the FIR is quashed against the petitioners.

The learned APP for the State has also no objection, if this petition is allowed. Considering the above settlement between the parties, there is no justification to proceed with the criminal case as complainant has joined the company of her spouse. Accordingly, the petition is allowed. Consequently, FIR No.187/2017 under Section 406/498A/34 Indian Penal Code registered at police station Chandni Mahal, Delhi and the proceedings emanating therefrom as also the Criminal Compliant Case No.7930/2018 pending before learned Metropolitan Magistrate-1, Mahila Courts, Central District, Delhi are quashed. No order as to costs. Order dasti.

YOGESH KHANNA, J.

MARCH 11, 2020 M