Mohd Samir & Ors v. State

ORDER

16.11.2010 o/o

¶1The present petition is filed by the petitioners under section 482 of the cr.PC praying inter alia for quashing of FIR No.22B/2005, lodged by petitioner No.3/complainant against her husband, petitioner No.1 and the members of his family under Sections 498A/406/3:4 IPC, registered with Police Station: Patel Nagar

(West), Delhi.

¶2Counsel for the petitioners states that the marriage of petitioner No.1 and petitioner No.3/complainant was solemnized on 0g.t2.2003 and a female child was born from out of the wedlock. In the year 2004, petitioner No.3/complainant lodged a complaint against her husband as also against the members of his family stating inter cRL.M.C. 3s5t/20rti Page No.1 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. \\ a/ra that dowry demands were made on her. This was followed by lodging of the aforesaid FIR on 22.4.2005. A charge-sheet was filed against petitioners No.1 and 2 and the father of petitioner No.1, who expired on 04.07.2007. In the meantime, with the intervention of the court, the parties arrived at a settlement as recorded in the Compromise Deed dated 15.11.2010 in terms of which, the parties decided to reunite and stay together at the matrimonial home. It is stated that now the parties are residing together and petitioner No.3/complainant is left with no grievance against petitioners No.1 and 2.

¶3The parties are present in Court with their counsel. Petitioner No.3/complainant confirms the aforesaid position and states that she has no objection to the FIR being quashed as she is residing at the matrimonial home with her husband, petitioner No.1.

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

¶5This Court has heard counsels for the parties. In view of the submission made by petitioner No.3/complainant and in view of the fact that the parties have arrived at a settlement of their own free cRL.M.C. 355L/2O7O Page No.2 of 3 of of to t'J will and votition and without any undue influence or coerci on) from any quarters, no usefur purpose wiil be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom. 6' Accordingry, the prayer made in the petition is arfowed. FIR No'228/2005, f odged by petitioner No.3/compfainant with pof ice station: Patel Nagar (west), Def hi, and alf proceedings arising therefrom stand quashed.

¶7The petition is disposed of. Fire be consigned to the record room. NOVEMBER 16,2OTO rkb --q cRL.M.C. 3557/2070 Page No.3 of 3 J HIMA KOHLI,J

56. * IN THE HIGH COURT OF DELHI AT NEW cRL.M.C. 3ssL/20rti MOHD SAMIR & ORS Through: Mr. Sumer Kumar with petitioners No.1 to 3 in versus DELHI ..... Petitioners Sethi, Advocate person. STATE CORAM: HON'BLE ..... Respondent Through: Mr. M.N. Dudeja, APP for the State MS. ]U.STICE HIMA KOHLI