Mohd Hanif @ Mehfuj & Ors v. State NCT of Delhi

ORDER %

02.11.2010

¶1The present petition is filed by petitioners under Section of the Cr.PC praying inter alia for quashing of FIR No.644/2005 lodged by against her husband, No.l and the members of his family, petitioners No. 3 to 11 under Section 498A/406/506/34 IPC, registered with Police Station: Rohini, New Delhi.

¶2Counsel for the petitioners states that marriage of No.l and petitioner was solemnized as per Muslim rites at Delhi on 27.09.2004. Within a year of the marriage, disputes and differences arose between the parties in the year 2005, they started living separately. There is no issue from out of the CRLM.C. 3447/2010 Page No.l of 3 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. wedlock. On 06.05.2005, the aforesaid FIR was lodged by petitioner against her husband, No.l members of his family, petitioners No.3 to

¶11Counsel for petitioners further states that in the year 2005 itself, the marriage was dissolved under the Muslim law. Thereafter, during the pendency of proceedings initiated by against No.l under Section 125 of the Cr.PC, with the assistance of Family Court, Rohini, New Delhi, parties arrived at a settlement, as recorded in the Settlement Order dated 27.07.2010. In terms of the settlement, No.l agreed to pay a sum of ?3,80,000/- to petitioner in full and final settlement of all her claims against the petitioners. It is stated that out of the aforesaid amount, a FDR for a sum of ?2 lacs was handed over to No.2/complainant, a sum of ?70,000/- was given in cash and a cheque of ?30,000/- was given to the petitioner No.2/complainant. The remaining sum of ?80,000/- is handed over to petitioner/complainant in Court today.

¶3Counsel for states on instructions from his client that in view of the fact that the parties have resolved all their inter se dispute, she has no objection to the aforesaid FIR being quashed. He further states that as cash of CRL.I^.C. 3447/2010 Page No.2 of 3 ?80,000/-has been handedover in Courttoday,the post dated cheque ^ of ?80,000/- handed over by No.l to. No.2/connpiainant earlier, is being returned to petitioner No.l through counsel.

¶4Learned APP for the State submits that after completion of investigations, charge-sheet has been filed. He, however, states that in view of the settlement arrived at between the parties, he has / no objection to the prayer made in the present petition being allowed.

¶5This Court has heard counsels for the parties. In view of submission made by petitioner and in view of the fact that the parties have arrived at a settlement of their own free will and volition without any undue influence or coercion from any quarters, useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

¶6Accordingly, the prayer made in the petition is allowed. FIR No.644/2005, lodged by with Police Station: Rohini, New Delhi, and all proceedings arising therefrom stand quashed.

¶7The petition is disposed of. File be consigned to the record room. • HIMA KOHLI,J NOVEMBER 02, 2010/rkb CRL.M.C. 3447/2010 Page No.3 of 3

18. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3447/2010 MOHD HANIF @ MEHFUJ & ORS Petitioners Through: l^r. Nagender Singh Tomar, Advocate with petitioner No.l in person. I^r. S.K. Sharma, Advocate with petitioner No.2 in person. versus STATE NCT OF DELHI Respondent Through: l^r. Navin Sharma, APP for the State. CORAjVi: HON'BLE MS. JUSTICE HliVjA KOHLI