Mohd. Saleem Ahmed & ORS. v. State & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4530/2019 & Crl.M.A.35464/2019 MOHD. SALEEM AHMED & ORS ..... Petitioners Through:

Petitioner in person with counsel (name not given) versus STATE & ANR ..... Respondent Through:

Mr. Ashok Kr. Garg, APP with SI Ashish Sharma, P.S.

Welcome.

R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.12.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.478/2018 dated 22.11.2018, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and Section 4 of DP Act, 1961, registered at P.S.: Welcome, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion as is also evident from the joint statement recorded before the Principal Judge, Family Courts, Shahdara, Karkardooma, Delhi on 12.12.2018 and the marriage between the petitioner No.1 and the respondent No.2

has already been dissolved in view of talaq as per Muslim law on 30.11.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have already paid the entire amount to her and now nothing remains due from the petitioners. Respondent No.2 further submitted that, she has no objection to the petition being allowed and the FIR being quashed. 4.

Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

5.

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. 6.

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.478/2018 dated 22.11.2018, under Sections 498-A/406/34 of the IPC and Section 4 of D.P. Act, 1961 registered at P.S.: Welcome, Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J DECEMBER 19, 2019 Aj