Smt Hasmat & ORS v. State NCT Of Delhi & ORS

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4412/2017 CRL.M.A. 17685-17687/2017 SMT HASMAT & ORS ..... Petitioner Through Mohammad Sajid, Adv. with all the petitioners.

versus STATE NCT OF DELHI & ORS ..... Respondent Through Mr. Kamal Kr. Ghei, APP for State with ASI Bhupinder Singh, PS Khajuri Khas.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 16.11.2017 Vide the present petition, the petitioners no. 1, 2 & 3 i.e. Smt. Hasmat w/o Late Islamuddin, Mohd. Adil s/o Late Islamuddin and Mohd. Usman s/o Late Islamuddin seek quashing of the FIR No. 1383/14 registered at PS Khajuri Khas under Sections 354/354B/506/509/452/34 IPC and under Section 66A of I.T. Act, 2000.

All the petitioners named here-in-above and the respondent no. 2 Arifa d/o Mohd. Yusuf are present in the Court and have been duly identified by ASI Bhupinder Singh, PS Khajuri Khas, the IO of the case. Apart from the petitioners no. 1, 2 & 3, there are no other persons arrayed as accused in FIR No. 1383/14 registered at PS Khajuri Khas under Sections 354/354B/506/509/452/34 IPC and under Section 66A of I.T. Act, 2000. The IO has further in reply to a specific Court query stated that apart from the petitioners no. 1, 2 & 3, there are no other persons arrayed as accused in

the FIR No. 1383/14 registered at PS Khajuri Khas under Sections 354/354B/506/509/452/34 IPC and under Section 66A of I.T. Act, 2000. The complainant of the said FIR is present and has produced her original Aadhar Card bearing No. 717132394057, copy of which is Ex.CW2/A. She has further testified on oath to having signed at points-A on each page of the Mediation settlement dated 10.02.2016, copy of which is Ex.CW2/B arrived at the Delhi Mediation Centre, Karkardooma Courts, Delhi, which she has stated that she had signed voluntarily of her own accord without any duress or coercion from any quarter. She has further testified to the effect that she has no opposition to the present petition Crl. M.C. 4412/2017 filed by the petitioners no. 1, 2 & 3 i.e. Smt. Hasmat w/o Late Islamuddin, Mohd. Adil s/o Late Islamuddin and Mohd.

Usman s/o Late Islamuddin seeking quashing of FIR No. 1383/14 registered at PS Khajuri Khas under Sections 354/354B/506/509/452/34 IPC and under Section 66A of I.T. Act, 2000, in view of the settlement arrived at between her and the petitioners at the Delhi Mediation Centre, Karkardooma Courts, Delhi dated 10.02.2016 Ex.CW2/B. She has further testified that she has no claims left against the petitioners and she has since re-married and the marriage between her and Mohd. Mustafa s/o the petitioner no. 1 herein and brother of petitioners no. 2 & 3, has since been dissolved. Taking into account the statement made by the complainant / th respondent no. 2 Ms. Arifa d/o Mohd. Yusuf duly identified by the IO of the case and taking into account the mediation settlement dated 10.02.2016 Ex.

no. 2 Arifa d/o Mohd. Yusuf has since re-married, in view of the said settlement arrived at between the parties, it would be appropriate in the interest of justice that the prayer made by the petitioners seeking quashing of the FIR No. 1383/14 registered at PS Khajuri Khas under Sections 354/354B/506/509/452/34 IPC and under Section 66A of I.T. Act, 2000 and all consequential proceedings emanating therefrom are quashed, which are thus accordingly quashed.

The petition is disposed of.

Copy of the order be given Dasti, as prayed.

ANU MALHOTRA, J NOVEMBER 16, 2017/mk