Ible Hasan & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1870/2018 IBLE HASAN & ORS ..... Petitioners Through:

Mr. R.P.S. Bhatti, Adv.

versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Ms. Neelam Sharma, Addl. PP for the State with SI Ombir Singh Mr. A.A. Khan, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 13.04.2018 Crl. M.A. No. 6669/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1870/2018 1.

The petitioners seek quashing of FIR No. 392 of 2008 under Sections 498A/406/34 of the IPC Police Station Welcome, Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2.

Learned counsels for the parties submit that the parties have settled their disputes and the parties have taken divorce according to Muslim Laws. As per the mediation settlement dated 22.08.2015, a sum of Rs. 40,000/- was agreed to be paid to respondent no. 2. The said sum of Rs. 40,000/- has already been paid to respondent no. 2. CRL.M.C. 1870/2018

3.

Respondent no. 2 is present in court in person, represented by her counsel and is identified by the Investigating Officer. She submits that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

4.

In view of the fact that the disputes between the petitioner and respondent no. 2 emanate out of a matrimonial discord and have been settled, 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.

5.

In view of the above, the petition is allowed. FIR No. 392 of 2008 under Sections 498A/406/34 of the IPC Police Station Welcome, Delhi and the consequent proceedings therefrom are, accordingly quashed. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 13, 2018 'rs'

CRL.M.C. 1870/2018