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High Court of DelhiCRL.M.C./4230/2019

Mohd. Abbas & ORS. v. State & ANR.

2019-11-18Hon'Ble Mr. Justice Chander Shekhar2 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4230/2019 MOHD. ABBAS & ORS.

..... Petitioners Through:

Mr.

Rajnish Kumar Jha, Advocate versus STATE & ANR.

..... Respondent Through:

Mr. Ashok Kumar Garg, APP with SI Sohan Lal, PS: Chandni Mahal, Delhi Mr. Kumar Anand, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.11.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0035/2018, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Chandni Mahal, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Settlement Agreement dated 9.4.2019. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has been dissolved vide Talaqnama dated 21.10.2019.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable to her from the petitioners and the matter stands settled, she has no objection to the petition being allowed and the FIR being quashed.

4.

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. 5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the talaq between petitioner No.1 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.0035/2018, under Sections 498A/406/34 of the IPC, registered at P.S.: Chandni Mahal, Delhi and the proceedings emanating therefrom are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 18, 2019 tp