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High Court of DelhiW.P.(CRL)/3480/2016

Mohd Gulfam & ORS v. State (NCT Of Delhi) & ANR

2016-12-05Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3480/2016 MOHD GULFAM & ORS ..... Petitioners Through:

Mr. Sher Afgon, Adv. with petitioners in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Avi Singh, ASC with Ms. Megha Bahl, Adv. for State along with W/SI Nisha Baliyan, P.S. B.H. Rao.

Mr. Kunal Kukreja and Mr. Zahid Parwez, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.12.2016 On the complaint of respondent no. 2, present FIR 85/2016 was registered under Sections 498-A/406/34 IPC at police station Bara Hindu Rao against the petitioner no.1 and his relatives, i.e., petitioner nos. 2 to 6. Petitioner no.1 and respondent no. 2 were married on 18th April, 2015 according to Muslim rites and ceremonies.

Besides the present FIR, respondent no. 2 had also filed a petition under Section 125 Cr.P.C. and petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

Petitioner no.1 and respondent no. 2 have settled their disputes before the Delhi Mediation Centre, Tis Hazari Court, Delhi on 27th July, 2016. It is

submitted that marriage between the petitioner no.1 and respondent no. 2 has already been dissolved as petitioner no.1 has pronounced talaq. Respondent no.2 is present in Court and has been identified by SI Nisha Baliyan of police station Bara Hindu Rao. Respondent no.2 submits that she has already withdrawn her petition under Section 125 Cr.P.C. She undertakes to withdraw the petition filed by her under Section 12 of the Domestic Violence Act after quashing of the present FIR. In terms of the settlement, petitioner no.1 has paid the last instalment of `1.50 lacs of the settled amount to the respondent no.2 today in court vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that with this payment she has received the entire settled amount. She submits that in view of the settlement she is not willing to pursue the FIR any further and the same may be quashed.

In view of the settlement arrived at between the petitioner no.1 and respondent no.2, present FIR 85/2016 under Sections 498-A/406/34 IPC registered at police station Bara Hindu Rao, which is at the investigation stage, is quashed.

Writ petition is disposed of in the above terms. A.K. PATHAK, J.

DECEMBER 05, 2016/ga