Farug Hasan Ansari & ORS v. State (Gnct Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 378/2017 FARUG HASAN ANSARI & ORS ..... Petitioners Through:

Mr.Pankaj Tomer, Adv.

versus STATE (GNCT DELHI) & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with ASI Lachhi Ram, Police Station-Dabri Mr.Deepak Vohra, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.01.2017 CRL.M.A.1686/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 378/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR No.315/2016, under Sections 498A/406/34 IPC, registered at Police Station-Dabri, Delhi. Learned counsel for the petitioners has submitted that the petitioner No.1 got married to the respondent No.2/complainant on 27.05.2007 according to Muslim rites, customs and ceremonies at Delhi and out of the wedlock two children are born. Counsel further submits that due to temperamental differences arisen between the parties, the complainant/respondent No.2 got registered an FIR No.315/2016, under Sections 498A/406/34 IPC, at Police Station-Dabri, Delhi. Counsel further submits that after the registration of the FIR, the near relatives and close

friends intervened and the matter has been amicably settled between the parties before the Mediation Centre, Dwarka Courts vide compromise deed dated 29th November, 2016. Counsel further submits that the petitioner No.1 and the respondent No.2 are now living together as husband and wife at the matrimonial house along with their children happily and peacefully and the respondent No.2/complainant has no complaint or grievance of any kind left against the petitioners and nothing further is to be adjudicated between the parties and prays that the present FIR, which is coming as a hurdle in their way of peaceful and happy matrimonial life, may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the IO ASI Lachhi Ram, Police Station-Dabri. The respondent No.

2/complainant admits that she has amicably settled/compromised the matter with the petitioners voluntarily and without any kind of force, pressure or coercion. She further submits that she is now living with her husband and her children at her matrimonial house happily and peacefully and she has no complaint or grievance against the petitioners. She further submits that she has no objection if the FIR in question is quashed.

Looking into the facts and circumstances, since the matter has been amicably settled between the parties and that the petitioner No.1 and the respondent No.2/complainant are now living together as husband and wife at the matrimonial house alongwith their children peacefully and happily, to meet the ends of justice, I deem it appropriate to quash the FIR in question. Consequently, FIR No.315/2016, under Sections 498A/406/34 IPC, registered at Police Station-Dabri, Delhi and all proceedings emanating therefrom are hereby quashed.

The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JANUARY 30, 2017/radhika