Zakir Ali & ORS v. State & ANR

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4839/2016 ZAKIR ALI & ORS ..... Petitioner Represented by:

Ms. Sabra Naseem, Adv. with petitioners.

versus STATE & ANR ..... Respondent Represented by:

Ms. Rajni Gupta, APP with ASI Birender Singh, PS Pala, Village.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.01.2017 By the present petition, the Petitioners seek quashing of FIR No. 319/2015 under Sections 406/498A/34 IPC registered at PS Palam Village, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions from Investigating Officer states that in the above noted FIR the six petitioners are the only accused and respondent No.2 the only complainant/victim. Respondent No. 2 is present in Court and identified by the Investigating Officer. She states that she has settled the matter with the petitioners in terms of settlement deed dated 27th August, 2016 a copy whereof has been placed on record at pages 50 to 52 of the paper book. Talak has already been pronounced between the parties. In lieu of all her

claims regarding maintenance/istridhan/mehar etc., respondent No.2 has received ₹3.75 lakhs. She does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of settlement dated 27th August, 2016.

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.

Consequently, FIR No. 319/2015 under Sections 406/498A/34 IPC registered at PS Palam Village, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 19, 2017 'v mittal'