Mubin Hamza @ Aslam & ANR. v. State & ANR.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3920/2019 MUBIN HAMZA @ ASLAM & ANR.

.... Petitioners Through Mr. Aditya Gaur, Adv. with the petitioners in person versus STATE & ANR.

.... Respondents Through Mr. Raghuvinder Verma, APP with ASI Bimal Singh, PS Jamia Nagar, Delhi Mr. Parvez A. Siddiqui, Adv.

for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 30.08.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.280/2017, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom.

2.

Status report stands filed.

3.

Fresh affidavits stand filed on record by the petitioners as well as by the respondent No.2.

4.

The petitioners as well as respondent No.2 and their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of

Understanding dated 20.1.2018.

5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has been living happily with the petitioner No.1 since 25.1.2018 and she has no complaint whatsoever against the petitioners. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed. Learned counsel for the petitioners also submitted that in the interest of justice and for the welfare of the parties, as well as taking into consideration the fact that the parties are living happily, the FIR may be quashed.

6.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 7.

In view of the aforesaid circumstances and the settlement arrived at between the parties, 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.280/2017, under Sections 498A/406/34 of the IPC, registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 30, 2019/rk