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High Court of DelhiW.P.(CRL)/1483/2015

Jamil Khan & ORS v. The State & ANR

2015-08-18Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1483/2015 JAMIL KHAN & ORS ..... Petitioners Through Mr.Farhat Qadeeri, Adv.

versus THE STATE & ANR ..... Respondents Through Ms. Nandita Rao, ASC.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 18.08.2015 Heard the learned counsel for the parties.

Petitioner no.1 is the husband of respondent no.2 whereas the petitioner nos.2, 3 & 4 are directly related to petitioner no.1. The above named petitioners seek quashing of the FIR No.10/2013 (PS Ranhola) instituted for offences under Sections 498A/406/34 of the IPC. It has been submitted on behalf of the petitioners and respondent no.2 jointly that after sometime of marriage, the relationship between the parties soured and they started contemplating separation and divorce. A case vide FIR No.10/2013 was registered against the petitioners at the instance of respondent no.2.

A case for maintenance was also preferred on behalf of respondent no.2. The dispute was referred to the Mediation centre and with the efforts of

Principal Counsellor, the petitioners and the respondent no.2 agreed to see logic and reason for burying the hatchet.

It was agreed between the parties that petitioner no.1 would pay Rs.1 lac to respondent no.2 in instalments which would be the payment towards full and final settlement of all claims of respondent no.2. As part of the same arrangement, it was agreed upon by the parties that once the money is paid, respondent no.2 would facilitate the process of getting the FIR quashed. It has been submitted on behalf of the petitioners that Rs.50,000/- was earlier paid to respondent no.2 and the balance Rs.50,000/-, as agreed upon, is being paid in the court today.

Money has exchanged hands in the presence of the counsel for the petitioners and Ms.Nandita Rao, learned Additional Standing Counsel for the State.

The respondent no.2 has accepted the money and has expressed her satisfaction over the fulfilment of the part of obligation which the petitioners had to perform.

Considering the fact that there has been a settlement of dispute and respondent no.2 stands divorced by petitioner no.1, this Court is inclined to quash the FIR No.10/2013 PS Ranhola.

The subject FIR (FIR No.10/2013 PS Ranhola) is hereby quashed. Petition is allowed and disposed of accordingly. AUGUST 18, 2015/ab ASHUTOSH KUMAR, J