Md Raffi & ORS v. State (NCT Of Delhi) & ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MD RAFFI & ORS ..... Petitioner Represented by:

Mr. Anuj Tomar, Adv.

versus STATE (NCT OF DELHI) & ANR ..... Respondent Represented by:

Mr. Hirein Sharma, APP with Insp. Nafi Singh, SI Manoj Tomar, PS Seelampur.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.03.2017 By the present petition the petitioners seek quashing of FIR No. 225/2008 under Sections 323/354/386/452/506/34 IPC registered at PS Seelampur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR though initially there were four accused, however since Yunus and Anis have passed away, the two petitioners i.e. Mohd. Raffi and Mohd. Abid are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that the above-noted FIR is an offshoot of

a matrimonial dispute between the respondent No.2 and her ex-husband Mohd. Akram and since she has now settled the matter with her husband and his family members, the two petitioners before this Court being the brother and brother-in-law of her ex-husband, she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She states that in lieu of all her claims of maintenance, istridhan, mehar, etc., she has already received ₹2 lakhs and the balance amount of ₹1 lakhs has been received by her today in Court by way of four demand drafts i.e. '077033', '899643', '072643' and '998504' drawn on Vijaya Bank, Dena Bank, State Bank of India and Bank of India respectively. She states that Talakh between respondent No.2 and her ex-husband Mohd. Akram has already been pronounced and she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No.

225/2008 under Sections 323/354/386/452/506/34 IPC registered at PS Seelampur, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 27, 2017 'ga'