Nabi Alam & Ors v. The State of NCT of Delhi & Anr

Delhi High Court · 15 Apr 2015 · 2015:DHC:10776
Manmohan Singh
CRL.M.C. 1447/2015
2015:DHC:10776
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, and 34 IPC following an amicable settlement and pronouncement of Talaq between the parties, exercising its inherent jurisdiction under Section 482 Cr.P.C.

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$-32 HIGH COURT OF DELHI
CRL.M.C. 1447/2015
NABI ALAM & ORS Petitioners
Through Mr.Yogesh Sharma, Adv.
VERSUS
THE STATE OF NCT OF DELHI & ANR .....Respondents
Through Mr.M.P.Singh, APP for the State along with SI Alisher, PS Hauz
Kaji, in person.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
15.04.2015 CO.
M.A. No.5339/2015 (exemption)
Exemption allowed, subject to just exceptions.
The application is disposed of Cr1. M.C. No.1447/2015
The present petition has been filed by the petitioners under Section
ORDER

482 Cr.P.C. for quashing of FIR No.68/20 13, under Sections 498-A/406/34 IPC, registered at P.S. Hauz Kazi, Delhi on the complaint of respondent No.2: Brief facts of the case are that respondent No.2 got married to petitioner No.! on 29th March, 2012 according to Muslim rites and ceremonies. As the disputes arose between them, on the basis of the 2015:DHC:10776 complaint made by respondent No.2, the aforesaid FIR was registered against the petitioners on 291h April, 2013. It is stated in the petition that during the pendency of the proceedings, the petitioner No.1 and respondent No.2 have settled their disputes amicably. The petitioner No.1 has also pronounced Talaq to respondent No.2 as per the Muslim Law. In terms of the settlement, the petitioner No.1 was supposed to pay Rs.4 lac to respondent No.2 as full and final settlement, out of which Rs.1,50,000/- has already been paid. The petitioner No.1 has paid the balance amount of Rs.2,50,000/- to respondent No.2 today in Court. IAll the petitioners are present in Court who are duly identified by their counsel. Respondent No.2 is also present in Court who is identified by the JO. Identification proofs have been filed by the parties along with the petition. Respondent No.2/complainant has confirmed the settlement as well as receiving of the entire amount from petitioner No.1 in terms thereof. She has no objection if the prayer made in the petition is allowed. She has also filed her affidavit in this regard which is placed on the record. In view of the averments made in the petition as well as the settlement arrived at between the parties, the FIR No.68/2013, under Sections 498- A1406/34 IPC, registered at P.S. Hauz Kazi, Delhi and proceedings pursuant it thereto are hereby quashed qua the petitioners. The petition is accordingly disposed of. A WNYO H -^AN S4 N G^ APRIL 15, 2015 2015:DHC:10776

JUDGMENT