Mohd. Javed & ORS v. Ruksana Parveen & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MOHD. JAVED & ORS ..... Petitioners Through Mr. Harish Kumar, Advocate.

versus RUKSANA PARVEEN & ANR ..... Respondents Through Ms. Rana Parween Siddiqui, Advocate for R-1.

Mr. G.M. Farooqui, APP for the State.

SI Omveer Singh, PS Nand Nagri

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 26.04.2018 1.

The petitioners seek quashing of complaint case No.577/8/13 under Sections Cr.P.C.

for the offence under Section 406/498A/34 IPC, Police Station Nand Nagri.

2.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.1. Petitioner Nos.2 and 3 are the father-in-law and mother-in-law of the respondent No.1. Petitioner No.4 is the sister-in-law of the respondent No.1. Petitioner Nos.5 to 7 are the brothers-in-law of the respondent No.1. 3.

Learned counsel for the petitioners submits that the parties have settled their disputes. The petitioner has agreed to pay a sum of

Rs.4,05,000/-.

A sum of Rs.3,05,000/- was paid in January, 2014. Learned counsel for the respondent submits that since there is a delay in paying the balance amount of Rs.1,00,000/-, the petitioner should pay the said amount with some interest. It has been agreed in Court that the petitioner shall pay a total sum of Rs1,30,000/- to respondent No. 1 in full and final settlement of all claims and with no objection to the quashing of the subject complaint.

4.

A sum of Rs.1,00,000/- has been handed over to the respondent No.1 in Court by way of Demand Draft No.025742 dated 25.04.2018 drawn on Oriental Bank of Commerce. The petitioner, who is present in person, undertakes that the balance sum of Rs.30,000/- shall be paid to the respondent within a period of two weeks from today. The undertaking is accepted.

5.

The respondent No.1 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.1 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, complaint case No.577/8/13 under Sections 200 Cr.P.C., Police Station Nand Nagri and the consequent proceedings emanating there from are quashed, subject to the petitioner paying a sum of Rs.30,000/- to respondent No. 1 within a period of two weeks from today.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 26, 2018 st