Mohd Naushad Ahmad & ORS v. Govt.Of NCT Of Delhi & ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 326/2018 MOHD NAUSHAD AHMAD & ORS ... Petitioners Represented by:

Mr.Kamran Malik with Mr.Syed Shakeel Hussain, Advocates versus GOVT.OF NCT OF DELHI & ANR ... Respondents Represented by:

Ms.Suman Sahram, proxy counsel for Mr.R.S.Kundu, ASC for the State with SI C.P.Singh, PS Jamia Nagar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.03.2018 By the present petition the petitioners seek quashing of FIR No.143/2017 under Sections 498A/406/34 IPC registered at PS Jamia Nagar, New Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the abovenoted FIR the six petitioners are the only accused and respondent No.2 the only complainant/victim.

Respondent No.2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners vide settlement agreement dated 30th October, 2017. In terms of the settlement, Talak has been pronounced between petitioner No.1 and respondent W.P.(CRL) 326/2018

No.2. In lieu of all her claims of maintenance, istridhan, alimony, mehram, iddat etc., the respondent No.2 has already received a sum of ₹50,000/- and she has now no claim whatsoever remaining against the petitioners. She states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and undertakes to abide by the terms of the settlement agreement. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement agreement dated 30th October, 2017.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. Without commenting on the validity of Talak pronounced between the petitioner No.1 and respondent No.2, FIR No.143/2017 under Sections 498A/406/34 IPC registered at PS Jamia Nagar, New Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 16, 2018 'rk'

W.P.(CRL) 326/2018