Khurram Sarosh & ORS v. State (Govt Of NCT Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 306/2017 KHURRAM SAROSH & ORS ..... Petitioners Through Mr.Saqib Bharti, Adv. for petitioner Nos.1 to 3 & 6 Mr.Pradeep Agarwal, Adv. for petitioner Nos.4 & 5 versus STATE (GOVT OF NCT DELHI) & ORS ..... Respondents Through Mr.Izhar Ahmad, APP for State Ms.Samreen, Adv. for R-2 SI Niranjan Kumar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.01.2017 Crl. M.A. 1369/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

Crl. M.C. 306/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.197/2016, under Sections 498A/406/34 IPC, registered at Police Station Bhajan Pura and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1 and respondent No.2 got married on 27.12.2014 as per Muslim rites and customs. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further, which resulted in registration of the aforesaid

FIR. He further submits that consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences and the same has been reduced into writing before the Mediation Centre, Karkardooma Courts, Delhi, vide Settlement Deed dated 24.11.2016. He further submits that the last instalment amounting to Rs.2 lacs has already been handed over to the respondent No.2 vide cheque No.185530, dated 28.11.2016 drawn on Bombay Mercantile Cooperative Bank Ltd. and D.D No.003122, dated 17.12.2016, drawn on Axis Bank Ltd. He also submits that their marriage has also been dissolved by Talaqnama dated 29.11.2016 as per Muslim customs.

He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioner No.1 and respondent No.2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, SI Niranjan Kumar. The complainant also admits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by Talaqnama dated 29.11.

2016 and that she has no objection, if the FIR in question is quashed. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the marriage between the petitioner No.1 and respondent No.

future, consequently, the FIR No. 197/2016, under Sections 498A/406/34 IPC, registered at Police Station Bhajan Pura and all proceedings arising of the same are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J JANUARY 24, 2017/km