Shahnawaz @ Shanu & ANR. v. State & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHAHNAWAZ @ SHANU & ANR.

..... Petitioner Represented by:

Mr. M. Rais Farooqui, Adv.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ravi Nayak, APP with SI Ali Sher, Central Zone PCR.

Ms. Archana, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.10.2016 By the present petition the petitioners seek quashing of FIR No. 113/2012 under Sections 452/323/34 IPC registered at PS Jama Masjid, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and respondent No.2 the only complainant/ victim and that the above-noted FIR was an offshoot of a matrimonial dispute between the respondent No.2 and her former husband Syed Imran Ali.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matrimonial dispute with her ex-husband Syed Imran Ali and as a comprehensive settlement she has also agreed to make a statement for quashing of the above-noted FIR. She also states that she has received a sum of ₹4.80 lakhs from her ex-husband Syed Imran Ali and now has no claim whatsoever of any kind against him. She states that she will abide by the terms of settlement and since the parties have settled the matter and all disputes between her and her ex-husband have been settled, she does not wish to pursue the abovementioned FIR which was lodged against the two brothers of the present wife of her ex-husband. Petitioners are present in Court and are identified by the learned counsel. They affirm the statement of respondent No.2 and also assure that in future there will be no interference on their part in the life of respondent No.2. They state that they will abide by the terms of settlement arrived at between the parties.

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. 113/2012 under Sections 452/323/34 IPC registered at PS Jama Masjid, Delhi and proceedings pursuant thereto are hereby quashed.

Parties and Mr.Syed Imran Ali who is identified by the investigating officer state that they will abide by the terms of settlement and have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 20, 2016 'ga'