Firoj Khan @ Firoz @ Sonu &ORS v. The State NCT Of Delhi & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22.10.2019 + FIROJ KHAN @ FIROZ @ SONU &ORS ..... Petitioner Through Mr. Pankaj Tomar, Adv.

versus THE STATE NCT OF DELHI & ANR ..... Respondent Through Mr. Izhar Ahmed, APP for State Mr. Shahid Ali, Adv. for R-2 SI Arjun

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) CRL.M.A. 10756/2019 1.

In view of the reasons stated in the present application, the delay in filing the present petition is condoned. The application is allowed and disposed of accordingly.

2.

Vide the present petition, the petitioners seek quashing of FIR No. 0194/2016 dated 14.04.2016 registered at Police Station Vivek Vihar instituted for the offences punishable under Sections 498A/406/34 of the

IPC and consequent proceedings arising therefrom. 3.

Notice issued.

4.

Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal. 5.

The petitioner no.1 and respondent no.2 got married. Due to extreme incompatibilities between the petitioner and respondent no.2, they started living separately.

6.

The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 21.01.2018 before the Mediation Centre, Karkardooma Courts and settled all their disputes amicably.

7.

The total settlement amount is ₹3,90,000/-(Rupees Three Lacs Ninety Thousand only). It is submitted that the respondent no.2 has already received an amount of ₹3 lakhs (Rupees Three Lacs). The balance amount of ₹90,000/- (Rupees Ninety Thousand) is handed over in cash to the respondent no.2 today who is present in Court with her father namely Saleem Ahmed.

8.

The complainant is present in person with her counsel and has been

identified by SI Arjun of Police Station Vivek Vihar and submits that matter has been settled and she does not wish to prosecute the matter any further.

9.

Taking into account the aforesaid facts, this Court is inclined to quash the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

10.

For the reasons afore-recorded, FIR No. 0194/2016 dated 14.04.2016 registered at Police Station Vivek Vihar and consequent proceedings emanating therefrom are quashed.

11.

The petition is allowed accordingly.

12.

Order dasti.

(SURESH KUMAR KAIT) JUDGE OCTOBER 22, 2019 ms