Mohd.Danish & ORS. v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4829/2016 MOHD.DANISH & ORS.

..... Petitioners Through:

Mr.A.H.Pasha, Advocate with petitioner No.1 in person.

versus STATE & ORS.

..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State with SI Dinesh Kumar, P.S. Jamia Nagar, Delhi.

Ms.Harpreet Kaur, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 22.12.2016 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.0414/2015, under Sections 498-A/406/34 IPC, registered at Police Station Jamia Nagar, Delhi and all subsequent proceedings arising therefrom.

It is submitted by learned counsel for the petitioners that the petitioner No.1 is the husband, the petitioner No.2 is the mother-in-law, the petitioner No.3 is the father -in-law, the petitioner No.4 is the brother-in-law and the petitioner No.5 is the sister-in-law of the respondent No.2/complainant. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2/complainant was solemnized on 19.04.2013 according

to Muslim rites and customs prevalent in Delhi. Counsel further submits that after the marriage, due to temperamental differences arisen between the parties, an FIR bearing No.0414/2015, under Sections 498-A/406/34 IPC was got registered by the respondent No.2/complainant at Police Station Jamia Nagar, New Delhi. After the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties and the said settlement has been reduced into writing on 04.08.2016 before the Mediation Centre, Saket Courts, New Delhi, which is placed on record as Annexure P-4. Counsel further submitted that as per the terms of the said settlement dated 04.08.2016, the petitioners have complied with the same and nothing further remains to be adjudicated between the parties.

Counsel further submits that the last instalment amounting to Rs.1,50,000/- has also been paid to the respondent No.2/complainant vide demand draft bearing No.524610, drawn on ICICI Bank in favour of the respondent No.2/complainant and submits that since the matter has been amicably settled between the parties and nothing further remains to be adjudicated, the FIR, which is coming as a hurdle in the peaceful life of the parties, may be quashed.

The respondent No.2/complainant is present in person and has been identified by the Investigating Officer Sub Inspector Dinesh Kumar, P.S. Jamia Nagar, New Delhi and admits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. She further submits that she has received all the amount in terms of the settlement deed dated 04.08.2016 and she has no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances, since the matter has

been amicably settled between the parties, and that nothing remains to be adjudicated between the parties, to meet the ends of justice, I deem it appropriate to quash the FIR in question.

Consequently, to meet the ends of justice and have peace in the life of the parties, FIR No.0414/2015, under Sections 498-A/406/34 IPC, registered at Police Station Jamia Nagar, Delhi and all subsequent proceedings arising therefrom are hereby quashed. The parties shall remain bound by the terms of the aforesaid settlement dated 04.08.2016 and shall not violate the same in any manner.

The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 22, 2016 'dc'