Saleem & ORS v. State & ANR

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1339/2017 SALEEM & ORS ..... Petitioners Through:

Mr.Manish Vasisht, Adv. with Mr.Santosh Kumar, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State S.I. Pankaj Gulia,

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 26.05.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.1102/2015, under Sections 498-A/406/506/34 IPC, registered at P.S. Jamia Nagar and all the subsequent proceedings emanating therefrom.

Learned counsel for the petitioners submits that the marriage between the petitioner No.1 and the respondent No.2/complainant was solemnized on 25.02.2013 as per Muslim rites and customs. Counsel further submits that subsequently misunderstanding between the parties has arisen, which resulted into the registration of aforesaid FIR. He further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties before the Mediation Centre, Saket Courts, New Delhi, which has been reduced into

writing vide Compromise Deed dated 08.07.2016 and that their marriage has been dissolved as per Sheriat Law. He further submits that as per the settlement, the last amount due to be paid to the respondent No.2 is Rs.1,00,000/-, which has been paid by way of demand draft bearing No.533297, dated 02.03.2017, drawn on Bank of Baroda and that nothing remains to be adjudicated upon further. He also submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioner No.1 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 is present in Court today and has been identified by the Investigating Officer, S.I. Pankaj Gulia. The complainant submits that the matter has been amicably settled with the petitioners. She further submits that as per the terms of settlement she has received last instalment of Rs.1,00,000/- by way of aforementioned demand draft. 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 Sheriat Law and that 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 and respondent No.2 has already been dissolved as per Sheriat Law, it is in their interest to lead their independent and peaceful life in future.

Consequently, the FIR No.1102/2015, under Sections 498-

A/406/506/34 IPC, registered at P.S. Jamia Nagar and all proceedings arising out of the same are hereby quashed.

Parties to remain bound by terms of Compromise Deed dated 08.07.2016.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 26, 2017/km