Rashid Saifi &ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3633/2016 & Crl. M.A. 15334/2016 RASHID SAIFI &ORS ..... Petitioners Through:

Mr.Sanjeev Kr. Sharma, Adv.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State ASI Puran Singh, P.S. Gokal Puri

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.05.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.184/2013, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at P.S. Gokal Puri and all the subsequent proceedings emanating therefrom. It is submitted by learned counsel for the petitioners that the petitioner No.1 got married with the respondent No.2 on 02.05.2012 according to Muslim rites and customs. Counsel further submits that after the marriage misunderstanding has arisen between the parties, which resulted into registration of the said FIR. He further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties before the Mediation Centre, Karkardooma Courts, Delhi, which has been reduced into writing vide

Settlement Deed dated 27.01.2016 and that their marriage has already been dissolved by mutual consent accordingly to Muslim rites and customs vide Divorce Deed/Talaqnama dated 29.01.2016. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further. He also submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioner No.1 and the respondent No.2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, ASI Puran Singh. The complainant submits that the matter has been amicably settled with the petitioners and she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by mutual consent accordingly to Muslim rites and customs vide Divorce Deed/Talaqnama dated 29.01.2016 and that she has no objection, if the FIR in question is quashed. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the marriage between the petitioner No.1 and respondent No.

2 has already been dissolved, it is in their interest to lead their independent and peaceful life in future. Consequently, the FIR No.184/2013, under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at P.S. Gokal Puri and all proceedings arising out of the same are hereby quashed.

The present petition and the accompanying application are disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 17, 2017/km