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High Court of DelhiW.P.(CRL)/73/2016

Nafees Ahmad & ORS v. State NCT Of Delhi & ANR

2016-01-112 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 73/2016 NAFEES AHMAD & ORS ..... Petitioners Through Petitioners with their counsel Mr.Vikas Nagwan, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondents Through Mr. Avi Singh, ASC with Mr. Megha Bahl, Adv along with ASI Lal Bahadur.

Complainant with her counsel Mr.

Divy Kaushik, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 11.01.2016 Crl.M.A.No.414/2016 (Exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(CRL) 73/2016 This is a joint petition filed by the petitioners and respondent no.2 seeking quashing of FIR No. 765/2015 registered under Sections 323/354/354-B/498-A/506/509/34 of the IPC at police station Sagarpur on the complaint of respondent no.2. Complainant/respondent no.2 is present in person in Court. Presence of the complainant has been identified by the Investigating officer.

Contents of the FIR have been perused.

It is stated that it is largely a matrimonial dispute. It is further

stated that the FIR has been registered due to misunderstanding and misapprehension and now the parties have settled their disputes. Settlement deed dated 10.10.2015 is on record. The complainant present in person endorsed that she is living comfortably with her husband since October, 2015 and has no grievance or complaint left either against her husband or father-in-law. They accordingly pray that the present FIR be quashed.

Learned APP for the State submits that if at all the present FIR is permitted to be quashed it should be quashed subject to costs as the State machinery has been put in to motion and the State has incurred expenses.

Accordingly, FIR No. 765/2015 registered under Sections 323/354/354-B/498-A/506/509/34 of the IPC at police station Sagarpur as also the proceedings emanating therefrom are quashed subject to payment of Rs.10,000/- to be deposited by the petitioners in the account of Delhi High Court Legal Services Committee with two weeks.

Petition disposed of.

INDERMEET KAUR, J JANUARY 11, 2016