Nadeem Ansari & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5276/2017 NADEEM ANSARI & ORS ..... Petitioners Through Mr. R.P.Tripathhi, Advocate versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr. G.M. Farooqui, ASI Pushpendra, PS Bharat Nagar, Mr. Anil Dutt Sharma and Mr.

Deepak Tomar, Advocates for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.05.2018 1.

The petitioners seek quashing of FIR No. 03/2018 under Sections 498A/406/34 of the IPC Police Station Bharat Nagar, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2.

Learned counsels for the parties submit that parties have settled their disputes and have amicably dissolved their marriage by mutual consent according to muslim rites and rituals. It is further submitted on behalf of the parties that parties had entered into the settlement before the National Lok Adalat on 08.07.2017. As per the settlement, a total sum of Rs. 2,00,000 has been agreed to be paid to respondent No.2. The said amount has already been paid to respondent No.2.

3.

Respondent no. 2 is present in court in person, represented by her CRL.M.C. 5276/2017

counsel and is identified by the Investigating Officer. She submits that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

4.

In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

5.

In view of the above, the petition is allowed. FIR No. 03/2009 of 2014 under Sections 498A/406/34 of the IPC Police Station Bharat Nagar, Delhi and the consequent proceedings therefrom are, accordingly quashed. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 24, 2018 rr CRL.M.C. 5276/2017