High Court of DelhiCRL.M.C./4661/2016

Munnavar Ali & ORS. v. The State & ANR.

2017-01-25Hon'Ble Mr. Justice I.S.Mehta2 pages

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4661/2016 MUNNAVAR ALI & ORS.

..... Petitioners Through:

Mr.Pushpak Mahajan, Adv.

versus THE STATE & ANR.

..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State Mr.Anshul Pratap Singh,Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 25.01.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR No.246/2013, under Sections 498A/406/34 IPC, registered at Police Station-Vivek Vihar, Delhi. Learned counsel for the petitioners has submitted that the petitioner No.1 got married to the respondent No.2/complainant on 23.11.2011 according to Muslim rites and ceremonies at Delhi. Counsel further submits that due to temperamental differences arisen between the parties, the complainant/respondent No.2 got registered an FIR No.246/2013, under Sections 498A/406/34 IPC, at Police Station-Vivek Vihar, Delhi.

Counsel further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties before the Mediation Centre, Karkardooma Courts vide settlement deed dated 11th August, 2016. Counsel further submits that the petitioner No.1 and the respondent No.2 are now living together as husband and wife happily and peacefully on rental accommodation and the respondent No.

against the petitioners and nothing further is to be adjudicated between the parties and prays that the present FIR, which is coming as a hurdle in their way of peaceful and happy matrimonial life, may be quashed. The respondent No.2/complainant is present in Court today and has been identified by her counsel Mr.Anshul Pratap Singh, Enrolment No. D/3973/12. The respondent No.2/complainant admits that she has amicably settled/compromised the matter with the petitioners voluntarily and without any kind of force, pressure or coercion. She further submits that she is now living with her husband in a rental accommodation happily and peacefully and she is left with no complaint or grievance against the petitioners. She further submits that she has no objection if the FIR in question is quashed.

Looking into the facts and circumstances, since the matter has been amicably settled between the parties and that the petitioner No.1 and the respondent No.2/complainant are now living together as husband and wife peacefully and happily, to meet the ends of justice, I deem it appropriate to quash the FIR in question. Consequently, FIR No.246/2013, under Sections 498A/406/34 IPC, registered at Police Station-Vivek Vihar, Delhi and all proceedings emanating therefrom are hereby quashed. The present petition is disposed of accordingly. Parties to remain bound by the terms of settlement dated 11th August, 2016. Copy of this order be given dasti, as prayed. I.S.