Dr.Azmi Mohsin Zaidi & ANR. v. The State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1250/2017 DR.AZMI MOHSIN ZAIDI & ANR.

..... Petitioners Through:

Mr.Akhtar Shamim, Advocate with the petitioners in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr.Raghwinder Varma, APP for State with SI Vishvendra, P.S. Seema Puri, Delhi.

Mr.S.S.Haider, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 27.03.2017 Crl.M.A.No.5139/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1250/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.999/2015, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, registered at Police Station Seema Puri, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners submits that the petitioner No.1

got married with respondent No.2, on 12.06.2013 at Lucknow as per muslim rights and customs. He further submits that after the marriage due to temperamental differences, a misunderstanding has arisen between them, which resulted into registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the dispute has been amicably settled between the parties and the same has been reduced into writing vide settlement deed dated 6th March, 2017 and the said settlement has been acted between the parties and all due amounts agreed between the parties have been paid by the petitioners to the respondent No.2 and nothing remains to be due and payable to her and the marriage between the petitioner No.1 and the respondent No.

2 has already been dissolved as per the muslim law by pronouncement of talaq by the petitioner No.1 and nothing further remains to be adjudicated between the parties. However, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by the IO SI Vishvendra, P.S. Seemapuri, Delhi and is also represented by her counsel Mr.S.S.Haider, Advocate. The respondent No.2/complainant present in person admits that the dispute has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and the same has been acted upon between the parties and as per the terms of settlement, she has already received all due amounts from the petitioners and nothing remains to be received by her from the petitioners and her marriage with the petitioner No.1 has already been dissolved as per muslim law by pronouncement of talaq by the petitioner

No.1 and she has no objection if the aforesaid FIR is quashed. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and the same has been acted upon between the parties and also that the marriage between the petitioner No. 1 and respondent No.2, has already been dissolved as per muslim law by pronouncement of talaq by the petitioner No.1, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom.

Consequently, the FIR No.999/2015, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, registered at Police Station Seema Puri, Delhi and all the proceedings emanating therefrom are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 27, 2017 'dc'