Mumtaz Alam & Others v. The State & Another

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUMTAZ ALAM & OTHERS ..... Petitioner Represented by:

Mr. Ashok Kumar Verma, Advocate.

versus THE STATE & ANOTHER ..... Respondent Represented by:

Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Standing Counsel with SI Pushpa, PS Hauz Qazi.

Mr. Vijay Sansaniwal, Advocate for complainant/R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 31.07.2018 Crl.M.A. No. 28982/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 34/2017 under Sections 498A/406/377/354/354B/509/50634 IPC registered at PS Hauz Qazi, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned proxy counsel for learned Standing Counsel for the State on

instructions submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant/ victim. Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioners before Delhi Mediation Centre, Tis Hazari Courts, Delhi on 6th July, 2018, copy whereof is annexed as Annexure-P2 of the paper book. In terms of the settlement marriage between the petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan, Mehar, Iddat and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹1,00,000/- to respondent No.

2 out of which she has already received a sum of ₹25,000/- and the balance amount of ₹75,000/- has been received by her today in Court vide Demand Draft No. 619623 drawn on State Bank of India dated 30th July, 2018. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She further undertakes to abide by the terms of settlement. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

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.

34/2017 under Sections 498A/406/377/354/354B/509/50634 IPC registered at PS Hauz Qazi, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JULY 31, 2018 'yo'