CRL.M.C./1870/2018 of IBLE HASAN & ORS Vs THE STATE ( GOVT OF NCT OF DELHI) & ANR
Parties
- CRL.M.C./1870/2018 of IBLE HASAN & ORS (PETITIONER)
- THE STATE ( GOVT OF NCT OF DELHI) & ANR (RESPONDENT)
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Statutes cited (1)
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*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 1870/2018IBLE HASAN & ORS
..... Petitioners
Through:Mr. R.P.S. Bhatti, Adv.
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... RespondentsThrough:Ms. Neelam Sharma, Addl. PP for theState with SI Ombir SinghMr. A.A. Khan, Adv. for R-2
CORAM:HON'BLE MR. JUSTICE SANJEEV SACHDEVAO R R%13.04.2018
Crl. M.A. No. 6669/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 1870/2018
1.The petitioners seek quashing of FIR No. 392 of 2008 underSections 498A/406/34 of the IPC Police Station Welcome, Delhi, based ona settlement. It is contended that the FIR was lodged consequent to amatrimonial discord.
2.Learned counsels for the parties submit that the parties have settledtheir disputes and the parties have taken divorce according to MuslimLaws. As per the mediation settlement dated 22.08.2015, sum of Rs.40,000/- was agreed to be paid to respondent no. 2. The said sum of Rs.40,000/- has already been paid to respondent no. 2.
3.Respondent no. 2 is present in court in person, represented by hercounsel and is identified by the Investigating Officer. She submits that shehas settled the dispute with the petitioners and is agreeable to the settlementand does not wish to press the criminal charges against the petitioners anyfurther.
4.In view of the fact that the disputes between the petitioner andrespondent no. 2 emanate out of matrimonial discord and have beensettled, continuation of criminal proceedings will be an exercise in futilityand justice in the case demands that the dispute between the parties is put toan end and peace is restored; securing the ends of justice being the ultimateguiding factor. It would be expedient to quash the subject FIR and theconsequent proceedings emanating therefrom.
5.In view of the above, the petition is allowed. FIR No. 392 of 2008under Sections 498A/406/34 of the IPC Police Station Welcome, Delhi andthe consequent proceedings therefrom are, accordingly quashed.
6.Order Dasti under signatures of the Court Master.
APRIL 13, 2018‘rs’
SANJEEV SACHDEVA, J