High Court of DelhiCRL.M.C./3459/2016

Inayat Ullaha Khan & ORS v. State (NCT Of Delhi) & ANR

2016-09-20Hon'Ble Mr. Justice S.P.Garg2 pages

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3459/2016 & CRL.M.A.No.1462/16 INAYAT ULLAHA KHAN & ORS ..... Petitioners Through :

Mr.Mahesh Tiwari, Advocate with Mr.Bishnu Tiwari, Advocate along with petitioners in person.

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

Ms.Manjeet Arya, APP with SI Varun, PS Jamia Nagar.

Mr.Shakeel Ahmed Saifi, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 20.09.2016 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No. 1358/2015 under Sections 498A/406/506/34 IPC registered at Police Station Jamia Nagar. It is stated that the matter has been settled with the complainant/respondent No.2 amicably before Mediation Centre, Saket Courts. Divorce by mutual consent has been granted. (2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has CRL.M.C. 3459/2016

informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR. Pursuant to the settlement, remaining amount of `6,00,000/- has been paid to the complainant today in court by way of Manager's Cheque bearing No.090942 dated 19.09.2016 drawn on HDFC Bank Ltd, New Friends Colony, New Delhi-110023.

(3) The petition is supported by the affidavits of the parties. Photocopy of settlement dated 29.07.2016 arrived at Mediation Centre, Saket Courts, New Delhi, signed by the parties is on record. (4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation and to enable the parties to settle in life after divorce, FIR No. 1358/2015 under Sections 498A/406/506/34 IPC registered at Police Station Jamia Nagar and all the proceedings emanating therefrom are quashed.

(5) The petitioners are, however, burdened with costs of `20,000/- to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (6) The petition is disposed of accordingly. Pending application also stands disposed of.

S.P.GARG, J SEPTEMBER 20, 2016 / tr/ssc CRL.M.C. 3459/2016