Shakeel Khan & ORS v. The State Govt Of NCT Of Delhi & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHAKEEL KHAN & ORS ... Petitioners Represented by:

Mr.Akhlak Ali, Advocate for petitioner No.1 Mr.Ashutosh, Advocate for petitioners No.2 to 6 versus THE STATE GOVT OF NCT OF DELHI & ANR .. Respondents Represented by:

Mr.Rajesh Mahajan, ASC for the State with SI C.L.Meena, PS Gokul Puri Respondent No.2 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.05.2018 By the present petition the petitioners seek quashing of FIR No.214/2016 under Sections 498-A/406/34 IPC registered at PS Gokul Puri, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR six petitioners 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 she has settled the matter with the

petitioners at the Delhi Mediation Centre, Karkardooma Courts on 28th October, 2017 copy whereof is annexed as Annexure-P2 to the present petition. In terms of the settlement Talaq has been pronounced between petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan, iddat, mehar etc., the respondent No.2 was to receive a sum of ₹7,50,000/- out of which she has already received a sum of ₹5,50,000/- and the balance amount of ₹2,00,000/- has been received today in Court vide Banker's Cheque No.393539 dated 26th March, 2018, drawn on Bank of India, Kirari Suleman Nagar Branch. She further states that from the wedlock, a minor son Rihaan Khan was born who is staying with her and the petitioners would neither have visitation rights nor the custody of Rihaan Khan.

She states that she has now no claim whatsoever remaining against the petitioners and does not wish to pursue the abovenoted 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 and undertake to abide by the terms of settlement dated 26th March, 2018. 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.214/2016 under Sections 498-A/ 406/ 34 IPC

registered at PS Gokul Puri, 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.

MAY 15, 2018 'rk'