Shahid Khan & ORS. v. The State (NCT) Of Delhi & ANR.

33# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHAHID KHAN & ORS.

..... Petitioners Represented by:

Mr. Ranvir Vats, Advocate with petitioners Nos. 1 to 4 and 6 to 8 in person.

versus THE STATE (NCT) OF DELHI & ANR.

..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Ranjit, PS Neb Saria and Rtd. SI Md.

Yusuf.

Mr. B.C. Tyagi, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.03.2017 Crl. M.A. No. 4024/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 632/2014 under Sections 498A/406/34 IPC registered at PS Neb Sarai, 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 the Investigating Officer submits that in the above noted FIR the eight petitioners are the only

accused and the respondent No. 2 the only complainant/victim. The complainant/Respondent No. 2 Ms. Meena Khatoon, who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners before the Delhi High Court Mediation and Conciliation Centre on 8th January, 2015 and Talaq has been pronounced between the petitioner No.1 and the respondent No.2. As full and final settlement of all the claims, that is, mehar, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has paid a sum of ₹3.05 lakhs to respondent No.2. Respondent No.2 further states that she has now no claims whatsoever remaining against the petitioners. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners exception petitioner No.5 who are present in Court and are identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre on 8th January, 2015. Since petitioner No.5 is on the family way and unable to come, she is exempted from appearing before this Court. 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. 632/2014 under Sections 498A/406/34 IPC registered at PS Neb Sarai, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 08, 2017 'vn'