Quashed

Mohd. Shakeel & Ors. v. State ( Gnct of Delhi) & Anr.

Delhi HC15 Feb 2017CRL.M.C./952/2016

Case brief

AI extract

What is this about?

The Court quashed an FIR under Sections 498-A, 406, and 34 IPC instituted at Police Station Chandni Mahal. Relying on the parties' prior settlement, voluntary divorce, and the complainant's consent, the Court held that no useful purpose would be served by continuing the proceedings.

What did the court decide?

FIR No. 49/2009 under Sections 498-A/406/34 IPC and all proceedings emanating therefrom were quashed, and the petition and pending applications were disposed of.

Mohd. Shakeel & Ors. Vs State ( Gnct of Delhi) & Anr. — Matrimonial and Divorce | Delhi HC (2017)

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$~17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 952/2016 & Crl.M.A.4018/2016

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MOHD. SHAKEEL & ORS

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..... Petitioners

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Through : Mr.M.Dayyan, Advocate along with petitioners present in person.

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versus

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STATE ( GNCT OF DELHI) & ANR

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..... Respondents Through : Ms.Meenakshi Dahiya, APP. Mr.Neeraj Tewari, Advocate for R-2 along with complainant/R-2 present in person. SI O.P.Mandal, PS Chandni Mahal.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG

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O R D E R % 15.02.2017

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(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.49/2009 under Sections 498-A/406/34 IPC registered at Police Station Chandni Mahal. It is stated that the matter has been settled with the complainant/victim amicably.

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(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer present in the court has

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CRL.M.C. 952/2016

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identified her. I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR. Pursuant to the settlement a sum of `5,000/- (in cash) has been handed over to the complainant today in the court. Divorce by mutual consent has been granted.

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(3) The petition is supported by the affidavits of the parties. Order dated 1.08.2013 of Mahila Court (Central-I) Delhi, recording settlement between the parties is on record.

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(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation and to enable the parties to settle in life after divorce, FIR No.49/2009 under Sections 498-A/406/34 IPC registered at Police Station Chandni Mahal and all the proceedings emanating therefrom are quashed.

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(5) The petition and all pending application(s) stand disposed of accordingly.

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S.P.GARG, J.

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FEBRUARY 15, 2017/ sa

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CRL.M.C. 952/2016

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Mohd. Shakeel & Ors. v. State ( Gnct of Delhi) & Anr.

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Mohd. Shakeel & Ors. v. State ( Gnct of Delhi) & Anr.

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