Imran & ORS v. State & ANR

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1242/2018 IMRAN & ORS ..... Petitioner Through :

Mr Arun Sharma, Advocate.

versus STATE & ANR ..... Respondent Through :

Mr Hiren Sharma, APP for the State.

Mr Deepak Rao, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 12.04.2018 1.

Petitioner seeks quashing of FIR No.398/2013, under Sections 498A/406/34 IPC, Police Station Mangol Puri, based on a Settlement. 2.

Subject FIR emanates out of a matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the mother of petitioner No.1. Petitioner No.3 is the sister of petitioner No.1. 3.

It is stated by counsel for the petitioner that Wali Mohammad, father of petitioner No.1 and father-in-law of respondent No.2, has since expired and accordingly, was not summoned by the Court. 4.

Parties have settled their dispute. A Compromise Deed dated 31.01.2018 has been executed between the parties. 5.

Respondent No.2 is present in Court in person, represented by counsel and is identified by the Investigating Officer. She confirms Crl.M.C.1242/2018

that the settlement has taken place and further submits that the parties have already taken divorce according to Muslim Law and all issues of maintenance, istridhan, Mehar etc. have been settled. She also submits that she does not wish to press her complaint any further. 6.

In view of the above and keeping in view of the fact that the FIR emanates from matrimonial discord and the parties have resolved their dispute through a Compromise Deed dated 31.01.2018, which has been executed between the parties and respondent No. 2 does not wish to press her complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

7.

Accordingly, FIR No.398/2013, under Sections 498A/406/34 IPC, Police Station Mangolpuri and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J APRIL 12, 2018 'Sn'

Crl.M.C.1242/2018