Daud Beig & ORS. v. State & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6323/2018 DAUD BEIG & ORS.

..... Petitioners Through:

Mr. Bipin Kumar Jha & Mr.

S.C. Chaturvedi, Advocates versus STATE & ANR.

..... Respondents Through:

Mr.Panna Lal Sharma, APP Mr. Amit Sinha, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.05.2019 CRL.M.As.49543/2019, 9961/2019 Allowed, subject to all just exceptions. The applications are disposed of.

CRL.M.As.9960/2019 In view of the cause submitted, the application is allowed. Amended memo of parties is taken on record. CRL.M.C. 6323/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.843/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Ghazipur, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 28.7.2018, in terms whereof petitioner No.1 had agreed to pay Rs.12,00,000/- to the respondent No.2. It is further submitted that out of Rs.12,00,000/-, an amount of Rs.8,00,000/- has already been paid to respondent No.2. It is also submitted that the petitioner No.1 has given divorce to respondent No.2 as per Muslim Law.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the balance amount of Rs.4,00,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.879039, dated 4.5.2019, drawn on HDFC Bank, for an amount of Rs.4,00,000/-, which has been handed over to the respondent No.2 today in the Court.

5.

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. 6.

In view of the aforesaid circumstances, the settlement

arrived at between the parties and the divorce between petitioner No.1 and 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.843/2015, under Sections 498A/406/34 of the IPC, registered at P.S.: Ghazipur, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 08, 2019 tp