Mohd. Faraz Khan v. The State & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2007/2018 & CRL.M.A.7122/2018 MOHD. FARAZ KHAN & ANR.

..... Petitioners Through:

Mr. Faheem Shah, Adv. with the petitioner in person versus THE STATE & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with ASI Birender Singh, PS Jamia Nagar, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.05.2019 CRL.M.A. 7122/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2007/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.597/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jamia Nagar, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Settlement dated 14.11.2015 and the marriage of the

petitioner No.1 and the respondent No.2 stands dissolved as per Muslim rites on 4.9.2014.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.3.25 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.3.25 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.413624 dated 21.5.2019 for an amount of Rs.3.25 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners further submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.597/2015, under Sections 498-A/406/34 of the IPC, registered at P.S.: Jamia Nagar, New Delhi and the proceedings emanating

therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 24, 2019/rk