Irfan & ORS. v. The State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 574/2017 IRFAN & ORS.

..... Petitioners Through:

Mr.Mahesh Saxena, Advocate with the petitioners in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr.G.M.Farooqui, APP for State.

Mr.Kapil Parashar, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.02.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.212/2013, under Sections 498-A/406/34 IPC registered at Police Station-Burari, Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioner No.1 Irfaan is the husband, the petitioner No.2 Md. Akhtar Khan Saifi is the father-in-law and the petitioner No.3 Akbari is the mother-in-law of the respondent No.2. Counsel further submits that the petitioner No.1 Mr.Irfaan got married with the respondent No.2/complainant, Ms.Javida on 26.04.2010 at Delhi as per Muslim rites and ceremonies and out of the said wedlock one child was born. Counsel for the petitioners further submits that due to misunderstanding arisen between the parties, the respondent No.2/complainant, Ms.Javida got registered an FIR No.212/2013, under

Sections 498-A/406/34 IPC at Police Station-Burari, Delhi. Counsel for the petitioners further submits that after the registration of the FIR, the near friends and relatives intervened and the matter has been amicably settled between the parties and in terms of the said settlement, the respondent No.2/complainant has joined her matrimonial home along with her minor child on 22.08.2013 and living together with the petitioner No.1 as husband and wife happily and peacefully. Counsel for the petitioners further submits that since all the misunderstanding has been sorted out between the parties with the help and intervention of the near relatives and friends and the respondent No.2 along with her minor child has joined her matrimonial home on 22.08.

2013 and nothing further remains to be adjudicated between them, however, the present FIR is coming as a hurdle in leading peaceful life of the parties and prays that the FIR may be quashed. The respondent No.2/complainant, Ms.Javida is present in Court today and is represented by her counsel Mr.Kapil Parashar, Advocate, who on instructions, admits that the misunderstanding has been sorted out and that the respondent No.2/complainant along with her minor child has joined her matrimonial home on 22.08.2013 and the respondent No.2/complainant is now living together with the petitioner No.1 as husband and wife happily and peacefully. Respondent No.2/complainant in person further admits that the settlement/compromise reached with the petitioners is voluntary and without any force, pressure or coercion.

She further submits that nothing further remains to be adjudicated between them and she has no objection if the aforesaid FIR is quashed, as she is happily living with her husband.

misunderstanding has been sorted out between the parties and the respondent No.2/complainant, Ms.Javida has joined her matrimonial home along with her minor child and living together with the petitioner No.1, Mr.Irfaan as husband and wife and nothing further remains to be adjudicated between the parties, to have peace in the personal/future life of the parties, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings emanating therefrom.

Consequently, FIR No.212/2013, under Sections 498-A/406/34 IPC registered at Police Station-Burari, Delhi and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is allowed and stands disposed of. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J FEBRUARY 17, 2017 'dc'