Sartaj v. The State & ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3028/2018 SARTAJ ..... Petitioner Through:

Mr. I.A. Khan, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.11.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.327/2011, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom. 2.

The petitioner and his 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 Mediation Centre, Saket Courts, Delhi on 1.2.2018. It is also submitted that the marriage between the petitioner and respondent No.2 has been dissolved vide Divorce Deed/Talaqnama dated 27.2.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable to her from the petitioner and the matter stands settled, she has no objection to the petition being allowed and the FIR

being quashed.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the talaq between petitioner and respondent No.2, 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.327/2011, under Sections 498-A/406/34 of the IPC, registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 18, 2019 tp