High Court of DelhiW.P.(CRL)/764/2015

Mohd. Qayyum @ Nadeem & ORS. v. State & ANR.

2015-04-27Hon'Ble Mr. Justice A.K. Pathak2 pages

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 764/2015 MOHD. QAYYUM @ NADEEM & ORS.

..... Petitioners Through : Mr. Puneet Agrawal, Adv.

versus STATE & ANR.

..... Respondents Through :Mr.

Saleem Ahmed, Standing Counsel (Crl.) with Mr. Ajay Pratap Singh, Adv. and SI Vivek Sharma, P.S. Gokul Puri for the respondent no.

Mr.

Manjit Singh, Adv.

for respondent no. 2 with respondent no.

2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 27.04.2015 Marital discord between the husband and wife led to registration of the present FIR No. 488/2013 under Sections 498-A/406/34 IPC read with Section 4 of the Dowry Prohibition Act, 1961 at Police Station Gokal Puri against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 11. Investigations are still pending.

However, petitioner no. 1 (husband) and respondent no. 2 (wife) have settled their disputes before Mediation Centre, Karkardooma Courts, Delhi on 18th February, 2014. Pursuant to the said settlement, respondent no. 2 has withdrawn the petition under Section 125 of the Cr.P.C. and complaint under Section 12 of the Protection of Women

from Domestic Violence Act, 2005. Petitioner no. 1 has also pronounced talaq and the marriage of petitioner no. 1 and respondent no. 2 stands dissolved. Petitioner no. 1 has already paid `1.25 lacs to respondent no. 2 till now. Remaining settled amount of `2 lacs, that is, `1.50 lacs through demand draft and `50,000/- in cash, has been paid by petitioner no. 1 to respondent no. 2 in Court today. Photocopy of the demand draft has been placed on record. Respondent no. 2 is present in Court and submits that she has no objection in case FIR is quashed.

Keeping in mind that petitioner no. 1 and respondent no. 2 have settled their disputes, inasmuch as have decided to part ways, no fruitful purpose would be served in keeping them entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 488/2013 under Sections 498-A/406/34 IPC read with Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station Gokal Puri and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

APRIL 27, 2015 rb