Mohammad Shammime & ORS. v. State & ANR.

42# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3549/2016 MOHAMMAD SHAMMIME & ORS.

..... Petitioners Represented by:

Mr. Arun Khatri, Mr. Amit Kumar and Ms. Shikha Bhoria, Advocates.

versus STATE & ANR.

..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with SI Rajiv Kumar, PS Jaitpur.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.09.2016 By the present petition the petitioners seek quashing of FIR No. 77/2016 under Sections 498A/406/34 IPC registered at PS Jaitpur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR the eight petitioners are the only accused and the respondent No.2 is the only complainant/victim. The complainant/Respondent No. 2 Ms. Muneeja who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the Petitioners and now she is living with the petitioner No.1, her husband at a separate residence away from the matrimonial home, that is, petitioner Nos. 2 to 8 and she has no cause of grievance now. She CRL.M.C. 3549/2016

further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners, who are present in Court and are identified by their counsel affirm the statement made by respondent No.2 and state that they will abide by the terms of settlement. Petitioner No.1 states that he would not give any cause of grievance to the respondent No.2 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. 77/2016 under Sections 498A/406/34 IPC registered at PS Jaitpur, 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.

SEPTEMBER 26, 2016/'vn'

CRL.M.C. 3549/2016