Mohd Shahid Malik @ Mohd Sahil & ORS v. State (Gnct Of Delhi) & ANR

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1020/2017 MOHD SHAHID MALIK @ MOHD SAHIL & ORS ..... Petitioners Through:

Mr.R.P.S.Bhati, Adv.

versus STATE (GNCT OF DELHI) & ANR ..... Respondents Through:

Mr.G.M.Farooqui, APP for State ASI Puran Singh, PS-Gokal Puri Mr.A.A.Khan, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 14.03.2017 CRL.M.A.4271/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1020/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.154/2011, under Sections 498A/406/34 IPC & Section 4 Dowry Prohibition Act, 1961, registered at Police Station-Gokal Puri, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners submits that the petitioner No.1, Mohd. Shahid Malik @ Mohd. Sahil got married with respondent No.2, Ms.Bilkis Khatoon on 16.11.2009 according to Muslim rites and customs. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them

could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences vide compromise deed dated 04.07.2011 and their marriage has also been dissolved as per Muslim rites and customs by pronouncing triple talaq. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners and the respondent No.2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Ms.

Bilkis Khatoon is present in Court today and has been identified by the Investigating Officer, ASI Puran Singh, PS-Gokal Puri, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved as per Muslim rites and customs by pronouncing triple talaq and she has no objection if the FIR in question is quashed. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the marriage between the petitioner No.1, Mohd. Shahid Malik @ Mohd. Sahil and respondent No.2, Ms.

Bilkis Khatoon has already been dissolved as per Muslim rites and customs, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.

498A/406/34 IPC & Section 4 Dowry Prohibition Act, 1961, registered at Police Station-Gokal Puri, Delhi and all proceedings arising of the same are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 14, 2017/radhika