Mohd. Yusuf & ORS. v. State & ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6318/2018 MOHD. YUSUF & ORS.

..... Petitioners Through:

Mr. Irfan Khan, Advocate versus STATE & ANR ..... Respondents Through:

Mr. Panna Lal Sharma with SI Prem Raj, PS:Vijay Vihar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.466/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vijay Vihar, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Compromise Deed on 20.9.2015. It is also submitted that the petitioner No.1 pronounced talaq to the respondent No.2 as per Muslim rites and customs vide Talaqnama dated 20.9.2015. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable from the petitioners, she has no objection to the

petition being allowed and the FIR being quashed. 4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the talaq pronounced by petitioner No.1 to respondent No.2, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.466/2015, under Sections 498A/406/34 of the IPC, registered at P.S.: Vijay Vihar, Delhi and the proceedings emanating therefrom are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 15, 2019 tp