Raheem Khan & Ors v. State & Anrs

1. This is a petition for quashing of FIR no.233/2004, u/S 323/406/506/498A IPC and Section 3/4 of Dowry Prohibition Act registered by P.S. Shahdara, New Delhi which is presently pending before the learned Metropolitan Magistrate, Karkardooma Courts, Shahdara, New Delhi.

2. The ground for quashing of the FIR is that a settlement has been arrived at between the petitioners and respondent no.3/complainant before the Mediation Cell on 10.3.2011. A copy of the settlement is annexed as Annexure E. In terms of the said 2011:DHC:13024 settlement the petitioners have given a total sum of Rs. 15 lacs to the complainant in a staggered manner as envisaged In the agreement. The parties have also agreed that after the payment of the first installment of Rs.3,75,000/- to the respondent no.3, the parties will file a petition for quashing of the FIR.

3. It has been contended by the learned counsel for the petitioners since, the entire payment has been received by the respondent no.3, therefore, this petition for quashing of FIR is filed. The petitioners are present in person today and have been duly identified by their counsel. Similarly, the respondent no.3/complainant is also present. She has also filed her affidavit in this regard. She has been identified by Mr. R. H. Zaidi, the learned counsel for the complainant.

4. Apart from the presence of the parties who have been identified by their counsel, their affidavits are also on record in support of the petition. The statement of the parties including the respondent no.3/complainant has been recorded before the learned Joint Registrar where all of them have stated that they have settled the dispute vide settlement deed dated 10.03.2011.

5. Respondent no.3/complainant on inquiry has admitted that she has received an amount of Rs.l[5] lacs till date in terms of the compromise. She has also stated that she is living with her '^5 husband Mr. Raees Khan, petitioner no.5 separately in the/ matrimonial home. She has further stated that in view of the compromise having been arrived at between the parties aforesaid FIR and the consequent trial which is pending in the court of the learned [Metropolitan Magistrate be quashed.

6. Having regard to the aforesaid fact, that the parties have settled their matrimonial dispute and respondent no.3 has no further grievance, I feel no useful purpose would be served by keeping the aforesaid FIR and the consequent proceedings pending. Accordingly, FIR no.233/2004, u/S 323/406/506/498A/IPC and Section 3/4 of Dowry Prohibition Act registered by P.S. Shahdara, New Delhi and the consequent proceedings which are pending before the learned Metropolitan Magistrate are quashed.

7. Parties to bear their own costs. V.K. SHALI,J SEPTEMBER 26, 2011