Faisal Husain & ANR v. The State & ANR

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1317/2018 FAISAL HUSAIN & ANR ..... Petitioners Through:

Mr. Mohd. Elahi, Advocate versus THE STATE & ANR ..... Respondents Through:

Ms. Anita Abraham, APP ASI Kanwarpal, P.S. Hauz Qazi Mr. Anwar Masood, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 15.03.2018 CRL.M.A.4804/2018 (exemption) Exemption is allowed subject to all just exceptions CRL.M.C. 1317/2018 1.

The petitioners seek quashing of FIR No.48/2014 under Sections 498A/406/34 IPC, Police Station Hauz Qazi.

2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the mother of the petitioner No.1.

3.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 19.01.2018 through the process of mediation, held at Delhi Mediation Centre, Tis Hazari Courts, Delhi. 4.

The respondent No.2 was to be paid a total sum of Rs.2,75,000/- in full and final settlement of all her claims.

A sum of Rs.1,75,000/- has CRL.M.C. 1317/2018

already been paid. The balance sum of Rs.1,00,000/- has been paid to the respondent No.2 in cash today, receipt of which is acknowledged by the respondent No.2.

5.

The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further. 6.

In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further 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.

In view of the above, FIR No. 48/2014 under Sections 498A/406/34 IPC, Police Station Hauz Qazi and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 15, 2018/ns CRL.M.C. 1317/2018