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67# $~ HIGH COURT OF DELHI
CRL.M.C. 2578/2011
/o HABIB UR REHMAN ..... Petitioner
CRL.M.C. 2578/2011
/o HABIB UR REHMAN ..... Petitioner
VERSUS
Through: Mr. S.B. Sharma, Advocate with Petitioner in person.
STATE & ORS ..... Respondents
STATE & ORS ..... Respondents
CORAM:
Through: Mr. C.L. Gupta, Advocate with Inspector Parveen Kumar, PS Dabri, SI Manjeet Tomar, ISC/Crime
Branch.
Mr. Bahnu Pant, Advocate for Respondent No. 2 with Respondent
No.2 in person.
HON'BLE MS. JUSTICE MUKTA GUPTA
08.08.2011 Crl.
M.A. No. 9288/2011 (Exemption)
Allowed, subject to all just exceptions.
Crl. M.C. No. 2578/2011 & Crl.
M.A. No. 9227/2011 (Stay)
By this petition the Petitioner seeks quashing of FIR No. 6111997 under Sections 498A/406 IPC registered at PS Dabri, New Delhi on the ground that the Petitioner and Respondent No. 2 had entered into a compromise, however, the Petitioner inadvertently did not file any petition
Branch.
Mr. Bahnu Pant, Advocate for Respondent No. 2 with Respondent
No.2 in person.
HON'BLE MS. JUSTICE MUKTA GUPTA
08.08.2011 Crl.
M.A. No. 9288/2011 (Exemption)
Allowed, subject to all just exceptions.
Crl. M.C. No. 2578/2011 & Crl.
M.A. No. 9227/2011 (Stay)
By this petition the Petitioner seeks quashing of FIR No. 6111997 under Sections 498A/406 IPC registered at PS Dabri, New Delhi on the ground that the Petitioner and Respondent No. 2 had entered into a compromise, however, the Petitioner inadvertently did not file any petition
CRL.M.C. 2578/2011
( --~·-· .·! 2011:DHC:8934 for quashing of FIR with the result the proceedings before the learned Trial
Court continued and non-bailable warrants were issued against the
Petitioner. It is further stated that besides the Petitioner two other family members were arrayed as accused, however, during the pendency of the trial
Hasina Begum and Mohd. Yakub expired and thus the Petitioner is the only accused.
The Complainant/Respondent No. 2 Ms. Bushra Khan is present in person and is identified by the Investigating Officer and her counsel. She states that the Petitioners and Respondent No.2/Complainant have entered into a Compromise through mediation. It is further stated that the divorce between the parties has already been effected and she has no claims of --'~'
Mehar, Iddat or maintenance left towards the Petitioner. 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
( --~·-· .·! 2011:DHC:8934 for quashing of FIR with the result the proceedings before the learned Trial
Court continued and non-bailable warrants were issued against the
Petitioner. It is further stated that besides the Petitioner two other family members were arrayed as accused, however, during the pendency of the trial
Hasina Begum and Mohd. Yakub expired and thus the Petitioner is the only accused.
The Complainant/Respondent No. 2 Ms. Bushra Khan is present in person and is identified by the Investigating Officer and her counsel. She states that the Petitioners and Respondent No.2/Complainant have entered into a Compromise through mediation. It is further stated that the divorce between the parties has already been effected and she has no claims of --'~'
Mehar, Iddat or maintenance left towards the Petitioner. 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
CRL.M.C. 2578/2011
!' = r----·~· pursuant thereto.
Consequently, FIR No. 61/1997 under Sections 498A/406 IPC registered at PS Dabri, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition and application stand disposed of. Order dasti. t!tt!;;:J.
AUGUST 08, 2011 'vn' :J v-·~ _____,_:., l~~~Q.AO'\~
I
~ Sh\~P.~)
!' = r----·~· pursuant thereto.
Consequently, FIR No. 61/1997 under Sections 498A/406 IPC registered at PS Dabri, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition and application stand disposed of. Order dasti. t!tt!;;:J.
AUGUST 08, 2011 'vn' :J v-·~ _____,_:., l~~~Q.AO'\~
I
~ Sh\~P.~)
CRL.M. C. 2578/2011
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JUDGMENT