W.P.(CRL)/31/2018 of SHAKIR AHMED & ORS Vs STATE (GOVT OF NCT OF DELHI) & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 31/2018

SHAKIR AHMED & ORS

..... Petitioners Represented by: Mr. Vijay Kinger, Advocate with petitioners in person.

versus

STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Represented by: Mr. Sanjay Lao, ASC for the State with SI Shri Gopal, PS Shakarpur. Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R R% 05.01.2018

Crl.M.A. No. 160/2018 (Exemption)

Allowed, subject to all just exception.

W.P.(CRL) 31/2018

By the present petition the petitioners seek quashing of FIR No. 620/2017 under Sections 498A/406/34 IPC registered at PS Shakarpur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the ten petitioners are the only accused and the respondent No.2 is the only complainant/ victim. W.P.(CRL) 31/2018 page 1 of 3

page 1 of 3

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the Petitioners vide settlement deed dated 12[th] December, 2017, copy whereof has been annexed as Annexure-P1 to the present petition. In terms of the settlement Talaq has been pronounced between petitioner No.1 and respondent No.2/complainant. As full and final settlement of all the claims, that is, maintenance, streedhan, mehar, iddat and alimony etc. of the Respondent No. 2 the petitioner No.1 has paid total sum of ₹80,000/- the receipt of which the respondent acknowledges. She further states now she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto she will abide by the terms of settlement.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties vide settlement deed dated 12[th] December, 2017.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Without commenting on the validity of the talaq pronounced between the petitioner No.1 and respondent No.2, FIR No. 620/2017 under Sections W.P.(CRL) 31/2018 page 2 of 3

498A/406/34 IPC registered at PS Shakarpur, Delhi and proceedings

pursuant thereto are hereby quashed against all the accused.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

JANUARY 05, 2018 ‘yo’

MUKTA GUPTA, J.

W.P.(CRL) 31/2018