Mohd. Ashraf @ Asharaphahusain & ORS v. The State And ANR
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2268/2016 MOHD. ASHRAF @ ASHARAPHAHUSAIN & ORS .... Petitioners Represented by:
Mr. Rajuddin Khan, Advocate versus THE STATE AND ANR ..... Respondents Represented by:
Ms. Meenakshi Chauhan, APP with SI:Rajesh Kumar, PS:Khayala, New Delhi Respondent No.2 in person
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 06.10.2016 By the present petition, the petitioners seek quashing of FIR No.263/2012 under Sections 498A/406/34 IPC registered at PS:Khayala, New Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. The learned APP for the State states that, in the above-noted FIR, five petitioners are the only accused and respondent No.2 is the only complainant/victim. Respondent No.2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners and is living with her husband, petitioner No.1 in the matrimonial home and has no cause of grievance now. She further states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.
The petitioners, who are present in Court, affirm the statement of respondent No.2 and state that they will ensure that no cause of grievance is given to respondent No.2.
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.263/2012 under Sections 498A/406/34 IPC registered at PS:Khayala, New Delhi and the 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.
OCTOBER 06, 2016 tp