High Court of DelhiCRL.M.C./1447/2015

Nabi Alam & ORS v. The State Of NCT Of Delhi & ANR

2015-04-15Hon'Ble Mr. Justice Manmohan Singh2 pages

$-32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1447/2015 NABI ALAM & ORS Petitioners Through Mr.Yogesh Sharma, Adv.

versus THE STATE OF NCT OF DELHI & ANR .....Respondents Through Mr.M.P.Singh, APP for the State along with SI Alisher, PS Hauz Kaji, in person.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

ORDER

% 15.04.2015 CO. M.A. No.5339/2015 (exemption) Exemption allowed, subject to just exceptions. The application is disposed of Cr1. M.C. No.1447/2015 The present petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing of FIR No.68/20 13, under Sections 498-A/406/34 IPC, registered at P.S. Hauz Kazi, Delhi on the complaint of respondent No.2:

Brief facts of the case are that respondent No.2 got married to petitioner No.! on 29th March, 2012 according to Muslim rites and ceremonies. As the disputes arose between them, on the basis of the By:AMULYA

complaint made by respondent No.2, the aforesaid FIR was registered against the petitioners on 291h April, 2013. It is stated in the petition that during the pendency of the proceedings, the petitioner No.1 and respondent No.2 have settled their disputes amicably. The petitioner No.1 has also pronounced Talaq to respondent No.2 as per the Muslim Law. In terms of the settlement, the petitioner No.1 was supposed to pay Rs.4 lac to respondent No.2 as full and final settlement, out of which Rs.1,50,000/- has already been paid. The petitioner No.1 has paid the balance amount of Rs.2,50,000/- to respondent No.2 today in Court. IAll the petitioners are present in Court who are duly identified by their counsel. Respondent No.2 is also present in Court who is identified by the JO.

Identification proofs have been filed by the parties along with the petition. Respondent No.2/complainant has confirmed the settlement as well as receiving of the entire amount from petitioner No.1 in terms thereof. She has no objection if the prayer made in the petition is allowed. She has also filed her affidavit in this regard which is placed on the record. In view of the averments made in the petition as well as the settlement arrived at between the parties, the FIR No.68/2013, under Sections 498A1406/34 IPC, registered at P.S. Hauz Kazi, Delhi and proceedings pursuant it thereto are hereby quashed qua the petitioners. The petition is accordingly disposed of.

A WNYO H - ^AN S4 N G^ APRIL 15, 2015