Md.Athar Aslam v. State NCT Of Delhi & ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2055/2016 & Crl. M.A. No.10717/2016 MD. ATHAR ASLAM ..... Petitioner Through:

Mr. Prasoon Kumar, Advocate versus STATE NCT OF DELHI & ORS.

..... Respondent Through:

Mr. Sanjay Law, ASC a/w SI Nagender Nagar, PS Sarita Vihar Ms. Sumieta Ojha and Fozia Rahman, Advocates

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 18.07.2016 Issue notice. Notice is accepted on behalf of the State. Respondent no.2 is present in court and accepts notice. She is identified by her counsel. The present petition has been filed to seek the quashing of FIR no.664/2015 registered at PS Sarita Vihar on the complaint of respondent no.2. The petition is premised on a settlement arrived at between the parties which is contained in the MOU dated 15.01.2016. Under the settlement, the parties have agreed to part ways and obtained divorce by mutual consent. The custody of the two minor children

has been retained by the respondent. Visitation rights have also been granted to the petitioner. Under the terms of the settlement, the petitioner has agreed to pay certain amounts to the complainant as set out in the settlement itself. In terms of the same, the petitioner has produced two pay orders for Rs.35 lacs and Rs.2.6 lacs drawn in favour of the complainant, which has been tendered to the complainant and has been accepted by her. The petitioner undertakes that the all the terms and conditions of the settlement shall be duly complied.

The respondent, in view of the aforesaid undertaking, has agreed to the quashing of FIR in question. Since the parties have arrived at a settlement and the respondent has also agreed to the quashing of FIR, no useful purpose would be served in continuing with the FIR any further. Accordingly, the FIR stands quashed. The parties shall remain bound by the terms of the settlement.

Petition stands disposed of.

VIPIN SANGHI, J JULY 18, 2016 sr