Noor Ahmed & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2216/2015 NOOR AHMED & ORS ..... Petitioner Through:

Mr.Sanjeev Bhardwaj, Adv.

versus THE STATE & ANR ..... Respondent Through:

Mr. Raghuvinder Varma, APP for Ms. Nandita Rao, ASC for the State Mr.Manish Kumar, Adv. for R-2 SI Manish Kumar, CAW Cell, East Delhi

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 05.10.2015 The petitioner No.1 is the husband of respondent No.2 whereas petitioners No.2 and 3 are the parents of petitioner No.1. A prayer has been made by the petitioners to quash the FIR bearing No.570/2012 (PS Pandav Nagar) which was instituted for offences under Sections 498A, 406 and 34 of the IPC at the instance of respondent No.2. It has been submitted that the respondent No.2 was married to petitioner No.1 in the year 2012 in accordance with Muslim rites. The relationship between husband and wife deteriorated because of essential temperamental differences between them and despite best efforts of the relatives and senior members of the family, the dispute could not be reconciled.

Later, on good counsel, both the spouses decided to settle the dispute and part ways amicably. A settlement was arrived at the Counselling Cell

on 10.12.2014 whereby it was agreed that the petitioner No.1 shall pay a sum of Rs.2,50,000/- towards full and final settlement of all claims of respondent No.2 including the claims of maher and maintenance. It was also agreed upon between the parties that on payment of such money, the respondent No.2 would facilitate the quashing of the FIR lodged by her. It has been submitted that the petitioner No.1 has divorced respondent No.2 by the traditional way viz., pronouncing of 'Talaak' three times. That balance amount of Rs.50,000/-, which was to be paid by the petitioner No.1 to respondent No.2 at the time of the quashing of the first information report, has already been paid to her.

This Court has interacted with respondent No.2 who has appeared in person. She submits that the aforesaid agreement has been assented to by her out of her free will and not because of any threat, coercion or pressure. Considering the fact that the dispute is essentially a matrimonial discord between the husband and wife and the fact that the dispute has now been settled whereby the parties have decided to part ways amicably, this Court is of the opinion that no useful purpose would be served in allowing the case to be investigated any further.

Considering the aforesaid facts FIR No.570/2012 and all the emanating proceedings thereof, are quashed.

Dasti.

ASHUTOSH KUMAR, J OCTOBER 05, 2015 ns