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CRL.M.C./1157/2017 of SALEEM & ORS. Vs THE STATE (GOVT. OF NCT OF DELHI ) & ANR.

Court
Delhi High Court
Decision date
2017-03-21
Bench
DWARKA, P S UTTAM NAGAR
Case number
1157/2017

Parties

Cites (1)

Statutes cited (2)

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*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 1157/2017SALEEM & ORS...... PetitionersThroughMr.Rajesh Dhanker, Adv.

versus

THE STATE (GOVT. OF NCT OF DELHI ) & ANR.

.... RespondentsThroughMr.Kewal Singh Ahuja, APP for theStateS.I. Naresh Kumar, P.S Uttam Nagar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R R%21.03.2017

Crl. M.A. 4767/2017

Exemption granted, subject to all just exceptions.

Application stands disposed of.

Crl. M.C. 1157/2017

This is petition under Section 482 Cr.P.C. moved by the petitionersfor quashing of FIR No.686/2014, under Section 498-A/406/34 IPC, P.S.Uttam Nagar.

It is submitted by learned counsel for the petitioners that the petitionerNo.1 is the husband got married with the respondent No.2 on 04.01.2013according to Muslim rites and customs. Counsel further submits that afterthe marriage misunderstanding has arisen between the parties, whichresulted into registration of the said FIR. He further submits that after theregistration of the FIR, the near relatives and close friends intervened andthe matter has been amicably settled between the parties before the

Mediation Centre, Dwarka, Delhi vide Settlement Deed dated 03.01.2017.Counsel further submits that the wife i.e. respondent No.2 has joined thematrimonial home and there is no dispute between the husband and the wife.

Counsel further submits that since the matter has been amicablysettled and nothing remains to be adjudicated between them, the FIR inquestion, which is coming as hurdle in the peaceful life and matrimonialrelations of the petitioners, may be quashed.

The respondent No.2/complainant is present in person and has beenidentified by the Investigating Officer S.I Naresh Kumar and admits that shehas amicably resolved all disputes with the petitioners voluntarily withoutthere being any threat, coercion or pressure of any sort. She further submitsthat she has already joined the matrimonial home and living peacefully inthe matrimonial home happily. She also submits that she has no objection, ifthe FIR in question is quashed.

Since the matter has been settled between the parties and thecomplainant is residing with petitioner No.1 in the matrimonial homehappily, no useful purpose will be served to continue with the proceedings.In the interest of justice and to enable the parties to maintain theirmatrimonial relations, FIR No.686/2014, under Section 498-A/406/34 IPC,P.S. Uttam Nagar and all the proceedings arising therefrom are quashed.Parties to remain bound by the terms of Settlement Deed dated 03.01.2017.

The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed.

MARCH 21, 2017/km

I.S.MEHTA, J