Shahnawaz Khan & ANR v. State & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1632/2019 & CRL.M.A. 6541/2019 SHAHNAWAZ KHAN & ANR .... Petitioners Through:

Mr. Rahul Kumar Singh, Mr.

Amit Gautam, Mr. Injmam Hasan and Mr. Shrais Akhtar, Advs. with the petitioners in person versus STATE & ANR.

... Respondents Through:

Mr.Panna Lal Sharma, APP with IO in person R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.05.2019 CRL.M.A. 6541/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1632/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.43/2019, under Sections 323/354/354-B/506/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Farsh Bazar, Delhi and the proceedings emanating therefrom.

2.

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 vide a Talaqnama/Sulahnama dated 7.2.2019, in pursuance whereof, the

marriage of the petitioner No.1 and the respondent No.2 stands dissolved as per Muslim law.

3.

Respondent No.2 has filed her affidavit on record wherein she stated that she settled the matter with the petitioners on her own free will and without any kind of pressure, threat or undue influence and does not want to continue the criminal proceedings against the petitioners. She further submitted that the petitioners have paid the amount of Mehar to her and she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

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 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.43/2019, under Sections 323/354/354-B/506/509/34 of the IPC, registered at P.S.: Farsh Bazar, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 24, 2019/rk