Sh. Arif Iqbal & ORS. v. State & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4638/2018 SH. ARIF IQBAL & ORS.

..... Petitioners Through Mr.Vishal Arun Mishra, Adv. with petitioners in person.

versus STATE & ANR.

..... Respondents Through Mr.Mukesh Kumar, APP for the State with SI V.P. Sharma.

Respondent no.2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 26.10.2018 1.

Vide the present petition, the petitioners have prayed for quashing of FIR No.55/2013 registered under Sections 498A/406/34 of the Indian Penal Code at Police Station Mangolpuri on the basis of a Settlement Deed dated 25th June, 2017, which was executed by the parties pursuant to a settlement arrived at before the learned Family Court on 12th December, 2017.

2.

Learned counsel for the petitioners submits that the marriage between the petitioner no.1 & respondent no.2, was solemnized according to Muslim rites and ceremonies on 3rd November, 2017 whereafter they were blessed with a baby boy who is presently in the care and custody of respondent no.2. He further submits that the parties have already arrived at a settlement according to which, they have decided to dissolve their marriage and the petitioner no.1 has agreed to pay a sum of Rs.4,00,000/- to the respondent no.2. He,

therefore, prays that the FIR and consequential proceedings be quashed.

3.

The petitioners as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2 who submits that she has entered into the aforesaid settlement out of her own free will and without any kind of coercion. She submits that she has also received the agreed amount of Rs.4,00,000/- and does not wish to pursue the present proceedings any further.

4.

I have carefully considered the submissions of the parties and in my opinion, since the FIR emanates out of a matrimonial dispute which the parties have now resolved, no useful purpose would be served in continuing with the aforesaid proceedings. The ends of justice demand that the criminal proceedings emanating from the captioned FIR be brought to an end so that the petitioner no.1 and the respondent no.2 can move on in life.

5.

Accordingly, in the interest of justice and subject to the petitioners depositing costs of Rs.20,000/- with the Delhi High Court Staff Welfare Fund within two days from today, the petition is allowed. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer, who will produce the same before the learned Trial Court.

6.

The petition is disposed of in the aforesaid terms. REKHA PALLI, J OCTOBER 26, 2018/aa