Rashida Parveen & ORS v. Mohd. Mushir

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3372/2018 RASHIDA PARVEEN & ORS .... Petitioners Through Petitioners in person with counsel (name not given) versus STATE & ANR.

.... Respondents Through Mr.Panna Lal Sharma, APP with IO in person R-2 in person with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.07.2019 1.

Amended memo of parties stands filed.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing of CT Case No. 49/1B/2014 New No. 612765/2016 U/s 448/451/380/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S. Jamia Nagar, Delhi and the proceedings emanating therefrom.

3.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Deed dated 19.4.2018, in pursuance whereof the respondent No.2 has already pronounced talaq to the petitioner No.1, as per Muslim Law. 3.

Respondent No.2 has reiterated the aforesaid facts and submitted that he has already paid the entire amount to the petitioner No.1 and now

nothing remains due from him to the petitioner No.1. Respondent No.2 further submitted that, he has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

5.

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 arrived at between the parties. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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, CT Case No. 49/1B/2014 New No. 612765/2016 U/s 448/451/380/506/34 of the IPC, registered at P.S. Jamia Nagar, Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 29, 2019