Raisuddin & ORS v. State Of NCT Of Delhi & ORS

7# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAISUDDIN & ORS ..... Petitioners Represented by:

Mr. Arun Sheoran and Mr.

Sushil Kumar, Advocates with petitioners in person.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with Inspector Usha, PS Geeta Colony.

Mr. A.S. Khan, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.11.2016 By the present petition the petitioners seek quashing of FIR No. 381/2007 under Sections 498A/323/406/341/506/34 IPC registered at PS Welcome Colony, 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 five accused were arrayed however after the charge sheet was filed and charge was framed, the husband of respondent No. 2, that is, Mohd. Wasim passed away and thus the four petitioners are the only accused and the respondent No. 2 is the only

complainant/victim in the above noted FIR.

The complainant/Respondent No. 2 Ms. Shabnam, who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Karkardooma Courts on 27th February, 2016. In terms of the settlement all the cases filed by the complainant have been withdrawn. She further states that the daughter Ishra Ali born out of the wedlock of Mohd. Wasim and respondent No.2 would stay in her care and custody. She also states that she has no claims whatsoever remaining against the petitioners and she does not want 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Delhi Mediation Centre, Karkardooma Courts on 27th February, 2016 and that all the complaints filed by them have been withdrawn. 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. 381/2007 under Sections 498A/323/406/ 341/506/34 IPC registered at PS Welcome Colony, 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 25, 2016 'vn'