Jameel Ahmed v. State

Delhi High Court · 29 Sep 2011 · 2011:DHC:10298
Mukta Gupta
CRL.M.C. 3287/2011
2011:DHC:10298
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the basis of a voluntary compromise and settlement between the parties in a matrimonial dispute.

Full Text
Translation output
$- HIGH COURT OF DELHI
CRL.M.C. 3287/2011 & Crl.
M.A. No. 11678/2011(Exemption)
JAMEEL AHMED@ Shaikh Jamil Ahmed ..... Petitioner
STATE
CORAM:
Through Mr. Wiqar Ahmed, Advocate with Petitioners in person.
VERSUS
..... Respondent
Through Mr. Saleem Ahmed, A.S.C. for State with ASI Santosh Sirohill.O.
Respondent No.2 in person.
HON'BLE MS. JUSTICE MUKTA GUPTA
29.09.2011 This is a petition for quashing of FIR No. 105/2010 under Sections
498A/406/34 IPC registered at PS Sarai Rohilla, New Delhi registered on the complaint ofRespondent No.2 Ms. Shabana.
The Complainant/Respondent No.2 Ms. Shabana is present in person and is identified by the Investigating Officer. She states that the
Petitioners and Respondent No.2/Complainant have entered into a
Compromise. It is further stated that the divorce between the parties has already been effected: As part of full and final settlement of all the claims of the Respondent No.2, the Petitioner No. 1 has paid~ 1,60,000/-/- out of which ~60,000/- had already been paid to her and remaining
~1,00,000/- have been paid to Respondent No. 2/Complaint today in Court
2011:DHC:10298 by way of Demand Draft No. "674466" drawn at Branch Delhi Chakla
Road, Ahmedabad, Gujarat. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
In view of the fact that the parties have amicably resolved their differences of their own free will and volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No. 105/2010 under Sections 498A/406/34 IPC registered at PS Sarai Rohilla, New Delhi and proceedings pursuant thereto arc hereby quashed.
Parties hav.e signed this order sheet m acknowledgment of their statements made before this Court.
The petition and pending applications are disposed of. Order dasti.
SEPTEMBER 29, 2011 ~Y 2011:DHC:10298
JUDGMENT