Ishan Alvi & ORS v. The State & ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 307/2018 ISHAN ALVI & ORS .... Petitioners Represented by:

Ms.Nikita Sharma with Mr.Tabrez Ahmed, Advocate versus THE STATE & ANR ... Respondents Represented by:

Ms.Kamna Vohra, ASC for the State with SI Inder Pal, PS Vikas Puri

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.04.2018 By the present petition the petitioners seek quashing of FIR No.563/2015 under Section 498A/406/506/34 IPC registered at PS Vikas Puri, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the four 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 the parties have settled the matter before the Delhi Mediation Centre, Tis Hazari Courts on 14th December, 2017. Even prior to the settlement, talaq has been pronounced by petitioner W.P.(CRL) 307/2018

No.1 on respondent No.2 through registered posts dated 22nd April, 2015 as per Muslim rites. She further states that she does not claim any maintenance, stridhan, alimony, Mehar, Iddat, Kharcha-e-Paandaan etc. from the petitioners. She undertakes to abide by the terms of the settlement arrived at between the parties and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

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 the settlement arrived at between the parties at Delhi Mediation Centre, Tis Hazari Court vide Settlement dated 14th December, 2017, copy whereof is annexed at pages 33 and 34 of the paper-book. 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, 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.

Consequently, FIR No.563/2015 under Section 498A/406/506/34 IPC registered at PS Vikas Puri, 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.

APRIL 24, 2018 MUKTA GUPTA, J.

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W.P.(CRL) 307/2018