Muzzafar Ali & Orsz v. State & ANR

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUZZAFAR ALI & ORSZ ..... Petitioner Represented by:

Mr. Kazim Raza, Mr. Nadeem Zaidi, Advs.

versus STATE & ANR ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Vinod Kumar CAW East.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.11.2016 Crl.M.A. 17602/2016 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 323/2013 under Sections 498A/406/34 IPC & Section 4 of D.P. Act registered at PS Jagatpuri, 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 Investigating Officer submits that in the above-noted FIR the six petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners at the Delhi Mediation Centre, Karkardoma Courts. In terms of the settlement petitioner No.1 and respondent No.2 have started living together separately from the in-laws at a rented accommodation along with their minor child Ali Jawwad. The respondent No.2 has also received the total amount of ₹5,75,000/- which was directed to be paid as maintenance by the Principal Judge, Family Court. She states that since she has no cause of grievance now she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement arrived at before the Delhi Mediation Centre, Karkardoma Courts on 5th June, 2015.

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. 323/2013 under Sections 498A/406/34 IPC & Section 4 of D.P. Act registered at PS Jagatpuri, 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.

NOVEMBER 11, 2016 'ga'