Murshadi Begum v. The State ( NCT Of Delhi) & ORS

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2467/2018 MURSHADI BEGUM & ORS.

..... Petitioners Through:

Ms. Mallika Parmar, Advocate versus THE STATE ( NCT OF DELHI) & ORS ..... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Sadhna, PS:Chandni Mahal, Delhi Ms. Richa Dhawan, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.11.2019 1.

Petitioner No.3 has executed Special Power of Attorney (SPA) in favour of petitioner No.2.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0165/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Chandni Mahal, Delhi and the proceedings emanating therefrom.

3.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Compromise/Mutual Settlement dated 26.9.2017, in terms whereof petitioner No.2 had agreed to pay Rs.1,20,000/- to the

respondent No.2. It is further submitted that out of Rs.1,20,000/-, an amount of Rs.50,000/- has already been paid to respondent No.2. It is also submitted that the marriage between the petitioner No.2 and respondent No.2 has been dissolved by Talaknama dated 2.8.2014.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the balance amount of Rs.70,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

5.

Learned counsel for the petitioners submitted that the petitioners have brought two demand draft bearing No.758228, for a sum of Rs.40,000/- and demand draft No.758226, for a sum of Rs.30,000/-, both dated 24.10.2019, drawn on UCO Bank, which have been handed over to the respondent No.2 today in the Court.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner Nos.1 & 2 as well as respondent No.2 and has also verified the settlement arrived at between the parties. The IO has also verified the SPA executed by petitioner No.3 in favour of petitioner No.2.

6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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. 0165/2015, under Sections 498-A/406/34 of the IPC, registered at P.S.: Chandni Mahal, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 08, 2019 tp