High Court of DelhiW.P.(CRL)/1183/2017

Naim @ Naimuddin & ORS v. The State & Other

2017-04-25Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1183/2017 NAIM @ NAIMUDDIN & ORS ..... Petitioners Through:

Mr. Saleem Malik, Adv.

versus THE STATE & OTHER ..... Respondent Through:

Mr. Rajesh Mahajan, ASC for the State Mr. Pratap Dhaka and Mr. Raj Kumar, Advs. for R-2 & R-3

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 25.04.2017 CRL.M.A.6712/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 1183/2017 The petitioners have sought quashing of the FIR No.20/2015 dated 06.01.2015 (P.S. Karawal Nagar) instituted for offences under Sections 308/34 of the IPC.

The sister of the petitioner no.1 was married to respondent no.2 in the year 2010. After about 4 years of the marriage, the sister of petitioner no.1, being unhappy with the relationship in the marriage, lodged FIR No.492/2014 for offences under Sections 498A, 406 and 34 of the IPC read with Section 4 of the Dowry Prohibition Act. Almost at the same time, the

brother of respondent no.2 also lodged FIR No.1046/2014 against the petitioners for offences under Sections 336, 506 and 34 read with various Sections of Arms Act in different police station. This obviously had repercussions and respondent no.2 also lodged FIR No.20/2015 (P.S. Karawal Nagar) for offences under Section 308/34 IPC. However, with the intervention of the well-wishers and on taking into account the fact that no useful purpose would be served in continuing investigation in these cases against the parties, a settlement was arrived at. As part of the settlement, the sister of petitioner no.1 had to get divorce from respondent no.2 and respondent no.2, in turn, agreed for quashing of all the pending litigations against the petitioners.

It is submitted jointly before this Court that the sister of petitioner no.1 has been divorced now and no dispute remains between the parties. As part of the settlement, the respondent no.2 has paid all the amount towards the claims of his wife, who is the sister of petitioner no.1. Considering the aforesaid facts, the subject FIR No.20/2015 dated 06.01.2015 (P.S. Karawal Nagar) and all the emanating proceedings therefrom are quashed.

The petition is disposed of.

ASHUTOSH KUMAR, J APRIL 25, 2017 ns