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CRL.M.C. 2379I2Q11 MEHMOOD HASSAN & ORS Petitioners
Through l^r.Sanjay Kumar Singh, Advocate
Through Mr. S. Sharnna, APP for the State l^r. M. K.Singh, Advocate for R-2
14.09.2011 CH. M.C. No. 2379/2011
ORDER
1. This is a petition filed by the petitioners for the quashing of FIR No. 18/2009 filed under Section 498A/406/34 IPG registered at Police Station Karawal Nagar, Delhi in respect of which the investigation is still pending.
2. The ground for quashing of the aforesaid FIR is that the petitioner No.l/Mehmood Hassan has settled all his matrimonial disputes with the respondent No.2/Ms. Shabnam in accordance with compromise deed dated 25.11.2010 and as a consequence of the said settlement, the parties have obtained divorce by mutual consent. Copies of the compromise deed is annexed to the petition.
3. It is stated that in terms of compromise petitioner No.l agreed to pay an amount of ?85,000/- to the respondent no.2, l^s. Shabnam. <v 2011:DHC:12253 It has been further stated that out of the said amount, a sum of ^40,000/- has already been paid to respondent no.2 before the Ld. Court of I^s.Shuchi Laler, l^etropolitan Magistrate, Karkardooma Courts, Delhi and the balance amount of ?45,000/- has been paid in cash today in the Court.
3. The petition is supported by an affidavit of Mehmood Hassan who is present in Court today. He has been identified by his counsel. Petitioner Nos.[2] to 6 are close relations of petitioner no.l, Mehmood Hassan and the affidavits on their behalf have been filed.
4. So far as the respondent no.2, Ms. Shabnam is concerned, she is present in Court and has been identified by her counsel. She has also filed her affidavit and stated that she has settled all her disputes with petitioners and she has no objection in case the aforesaid FIR and the consequent proceedings initiated against the present petitioners are quashed.
5. In view of the settlement, the learned APP does not have any objection to the prayer made by the parties.
6. As the matrimonial dispute between petitioner no.l and respondent no.2 has been settled and divorce by way of mutual consent has been obtained, no useful purpose would be served by keeping the investigation in respect of the aforesaid FIR and consequent proceedings pending.
7. Accordingly, FIR no. 18/2009 filed under Section 498A/406/34 IPG registered at Police Station Karawal Nagar and the consequent investigations are quashed. Parties to bear their own costs.
SEPTEMBER 14, 2011 b V.K. SHALI,J H