Mohd. Zeeshan And ORS. v. State And ANR.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD. ZEESHAN AND ORS.

..... Petitioners Represented by:

Mr.Ajit Sharma and Mr.Adnan Siddiqui, Advocates with Petitioner No.1 in person versus STATE AND ANR.

..... Respondents Represented by:

Mr.R.S.Kundu, ASC for the State with Ms.Suman Saharan and ASI Komal Singh, PS Jamia Nagar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.01.2019 1.

By this petition, the petitioners seek quashing of FIR No.1307/2014 under Sections 498A/406/34 IPC registered at PS Jamia Nagar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State submits that in the above noted FIR three petitioners have been arrayed as accused and charge sheet is yet to be filed and respondent No.2 is the only complainant/victim. 3.

Respondent No.2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners vide memorandum of understanding dated 2nd March, 2015 copy

whereof is annexed as Annexure P-3 to the present petition. In terms of the settlement talak has been pronounced between petitioner No.1 and respondent No.2/complainant. As full and final settlement of all the claims, that is, maintenance, streedhan, mehar, iddat and alimony etc. of the respondent No.2, respondent No.2 was to receive a total sum of `5,75,000/- which she has already received. 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 states that she will comply with the terms of settlement arrived at between the parties.

4.

Petitioner No.1 who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of settlement arrived at between the parties. Petitioner Nos.2 and 3 who are mother and brother of petitioner No.1 are residents of Jhansi and are thus exempted from appearing before this Court. 5.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

6.

Consequently, FIR No.1307/2014 under Sections 498A/406/34 IPC registered at PS Jamia Nagar, Delhi and proceedings pursuant thereto are hereby quashed qua all petitioners.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 16, 2019 mamta