Ashraf v. State Of NCT Of Delhi & ANR

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 712/2018 ASHRAF ..... Petitioner Through:

Mr. Ashok Kumar Tiwari & Mr. Sudesh Kumar, Advocates versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP with SI Ashish Sharma, PS:

Welcome, Delhi Mr. Gaurav Gupta & Mr. Jaspal Singh, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 07.11.2019 CRL.M.A.39638/2019 1.

In view of the cause submitted and no objection of learned counsel for respondent No.2, application is allowed. The amendment sought in the petition is allowed. 2.

Application is disposed of.

CRL.M.A.12804/2019 1.

In view of the cause submitted, delay in filing the petition is condoned.

2.

Application is disposed of.

CRL.M.C.712/2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.311/2012, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Welcome, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion and the marriage between them stands dissolved vide Panchyati Talaknama and Mutual Settlement dated 31.12.2012. 4.

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

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner 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.311/2012, under Sections 498A/406/34 of the IPC, registered at P.S.: Welcome, Delhi and

the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 07, 2019 tp