High Court of DelhiCRL.M.C./2211/2016

Muvin Khan & ORS. v. State & ANR.

2016-09-21Hon'Ble Ms. Justice Mukta Gupta2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2211/2016 MUVIN KHAN & ORS.

..... Petitioner Represented by:

Mr. S.K. Divakar, Mr. Dipesh Dwivedi & Mr. Krishna Dev Pandey, Advs. with petitioners.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with W/SI Kusum Dhangi, Crime Branch, NFC.

Mr. Om Pal Basist, Adv. for R2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.09.2016 By the present petition, the petitioners seek quashing of FIR No.420/2008 under Sections 498A/406/34 IPC registered at PS Badarpur on the complaint of respondent No.2 as the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR 8 accused were named however when the charge sheet was filed petitioner Nos. 4,5 and 6 were kept in column No.12 whereas petitioner Nos. 1 to 3, 7 and 8 were kept in column No.11. He further submits that respondent No.2 is only complainant/victim in the above noted FIR. Respondent No.2 is present in Court and is identified by her counsel and the investigating officer. She states that she has settled the matter with the petitioners. Talaq has already been pronounced. She has already

received the amount due to her by way of Mehar and does not have any claim whatsoever in respect of stridhan, maintenance and permanent alimony etc. She submits that she does not wish to pursue the above noted FIR and the proceedings pursuant thereto.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No.420/2008 under Sections 498A/406/34 IPC registered at PS Badarpur, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 21, 2016 'v mittal'