Jasmer Malik & ORS v. The State (NCT Of Delhi) & ANR

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4042/2018 JASMER MALIK & ORS ..... Petitioners Through:

Ms. Richa Sharma, Advocate versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Raghuvinder Sharma, APP with SI Vineet Kumar, PS:Narela, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.09.2019 CRL.M.A.29763/2018 For the reasons stated therein, the application is allowed. Delay in re-filing the petition is condoned.

CRL.M.C. 4042/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.97/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Narela, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Counselling Cell, Family Court, North District, Delhi on 23.9.2017 in terms whereof petitioner No.1 had agreed to pay Rs.4,50,000/- to the respondent No.2.

4.

It is further submitted that out of Rs.4,50,000/-, an amount of Rs.2,50,000/- has already been paid to respondent No.2. It is also submitted that the petitioner No.1 has pronounced talaq to the respondent No.2 as per Muslim Law. The petitioner No.1 and respondent No.2 submitted that they have remarried after the dissolution of their marriage. 5.

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 sum of Rs.2,00,000/- as per the settlement.

6.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.000860, dated 9.9.2019, drawn on HDFC Bank, for an amount of Rs.2,00,000/-, which has been handed over to the respondent No.2 today in the Court.

7.

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.

8.

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.97/2015, under Sections 498A/406/34 of the IPC, registered at P.S.: Narela, Delhi.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 17, 2019 tp