Mohd. Yousuf Ali v. The State & ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2757/2019 MOHD. YOUSUF ALI ..... Petitioner Through:

Mr. Salim Alvi & Mr. Faiz Sherwani, Advocates versus THE STATE & ANR ..... Respondents Through:

Mr. Raghuvinder Verma, APP Mohd. Atif Khan, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.09.2019 1.

Status report filed.

2.

Learned APP, on instructions of the Investigating Officer, submitted that the Special Power of Attorney (SPA), executed by the petitioner in favour of Mohd. Nazarul Hasan has been properly executed and the same has been authenticated.

3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.155/2017, under Sections 498-A/406/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom. 4.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their

disputes on their own free will, without any force or coercion vide Memorandum of Understanding dated 8.2.2019, in terms whereof the petitioner had agreed to pay Rs.31,00,000/- to the respondent No.2.

5.

It is further submitted that out of Rs.31,00,000/-, an amount of Rs.20,00,000/- has already been paid to respondent No.2. It is also submitted that the marriage between the petitioner and respondent No.2 has been dissolved vide Divorce Deed/Talaknama dated 2.3.2016.

6.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioner pays the balance amount of Rs.11,00,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

7.

Learned counsel for the petitioner submitted that the petitioner has brought a demand draft bearing No.255726, dated 26.8.2019, drawn on State Bank of India, for an amount of Rs.11,00,000/-, which has been handed over to the respondent No.2 today in the Court.

8.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the talaknama, the SPA as well as the settlement arrived at between the parties.

9.

In view of the aforesaid circumstances, the settlement

arrived at between the parties and the talak between the petitioner and respondent No.2, 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.155/2017, under Sections 498A/406/506/34 of the IPC, registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom are quashed. 10.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 24, 2019 tp