Hafiz Ahmed & ANR v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2633/2016 HAFIZ AHMED & ANR Petitioners Through :Mr. Rakesh Sehrawat, Mr. G.A. Khan and Mr. Mrinal Kumar Sharma, Advs.

versus STATE (NCT OF DELHI) & ANR Respondents Through ;Ms. Richa Kapoor, ASC with SI Dinesh Kumar, P.S. Jamia Nagar for respondent no. 1 Ms. Komal Choudhary, Adv. for respondent no. 2 with respondent no. 2 in person.

AND + W.P.(CRL) 2950/2016 HAFIZ AHMED & ANR Petitioners Through ;Mr. Rakesh Sehrawat, Mr. G.A. Khan and Mr. Mrinal Kumar Sharma, Advs.

Versus

STATE (NCT OF DELHI) & ANR Respondents Through Ms. Nandita Rao, ASC with Ms.

Sriliona Roy, Adv. and SI Dinesh Kumar, P.S. Jamia Nagar for respondent no. 1 Ms. Komal Choudhary, Adv. for respondent no. 2 with respondent no. 2 in person.

By:AMULYA

CORAM:

HON'BLE MR.

JUSTICE A.K. PATHAK %

ORDER

05.10.2016 Crl. M.A. Nos. 14060/2016 & 15744/2016 (exemption) Allowed, subject to all just exceptions. Applications are disposed of. W.P.(CRL) Nos. 2633/2016 & 2950/2016 By these petitions, petitioners have prayed for quashing of following FIRs:- (a) FIR No. 617/2015 under Sections 323/341/506/34 IPG registered at P.S. Jamia Nagar on the complaint of respondent no. 2 (b) FIR No. 364/2015 under Sections 498-A/406/34 IPG registered at P.S. Jamia Nagar on the complaint of respondent no. 2. Petitioner no. 1 is the husband of respondent no. 2. Other petitioners are relatives of petitioner no. 1. Petitioner no. 1 and respondent no. 2 have settled their disputes amicably before the Counsellor of Family Court, Saket Courts, New Delhi on 5^*^ August, 2016 on the terms and conditions as stipulated in the report dated 5"" August, 2016 of the Counsellor. Report has been signed by the petitioner no. 1 and respondent no. 2. It is submitted that

petitioner no. 1 has already pronounced talaq. Respondent no. 2 is present in Court and has been identified by SI Dinesh Kumar, P.S. Jamia Nagar. Respondent no. 2 admits having settled the matter with the petitioner no. 1. Petitioner no. 1 and respondent no. 2 submit that they will abide by the terms of the settlement, as contained in the report of Counsellor Ex. C-1. Respondent no. 2 has no objection in case both the aforesaid FIRs are quashed.

Keeping in mind the fact that both the FIRs are the outcome of marital discord between the petitioner no. 1 and respondent no. 2 and they have settled the matter, in my view, no fruitful purpose would be served to keep them entangled in the criminal proceedings. Accordingly, in the interest of justice both the FIRs, that is, FIR No. 617/2015 under Sections 323/341/506/34 IPC and FIR No. 364/2015 under Sections 498-A/406/34IPC both registered at P.S. Jamia Nagar and the consequent proceedings emanating therefrom, are quashed.

Both the writ petitions are disposed of in the above terms. Dasti. Crl. M.A. No. 15793/2016 Disposed of as infructuous.

OCTOBER 05, 2016/rb U.

a.k.Mthak,j.