Full Text
* IN THE HIGH COURT
+ CRL.M.C. 2444/2011.
SHAHZAD & ORS
I
OF DIEILH'I AT NEW DELHI..... Petitioners
Through: Mr.Amit Gupta, Adv ..... Respondent
Through: Ms.Ritu Gauba, APP for the State/R-1.
Mr.S. Bharti, Adv for R-2 with respondent No.2 in person.
CO~AM:
HON'BLE MR. JUSTICE SURESH IMPJIT o/o 01.08.2011
ORDER
1. Issue notice. Ms.Ritu Gauba, APP for the State accepts noticE!.
2. In the present case, FIR No.112/2011 under Section 498N4~6 /34 Indian Penal Code,read with Section 4 of Dowry Prohibition Act was registered at police station Zafrabad against petitioner No;1 Shahzad s/o Shri Mustaffa Khan and his relatives, petitioner Nos:2 to B on the complaint of respondent No.2 Smt.Anam @ Nahid w/o Shahzad Khan.
3. Learned APP for the State has submitted that the investigation is at the advance stag1e and the charge sheet has yet not been filed in the Court. i
4. Learned counsel for petitionelrs submits that matter has tleen settled qua the aforesaid FIR and the respondent No.2 Smt.Anam @ Nahid w/o Shri Sahzad Khan, d/o Mohd. Akeel, r/o H. No.1314, CRL.M.C. 244412011 Pagel of[3] 2011:DHC:11489 Gali No.40, Zafarabad does not wish to pursue the case and the amount of f 2.00 lac was prom·ised to be given to her by the petitioner No.1 and the custody of the minor female child aged about 3 years, shall remain with her only. Petitioner No.1 is not having visiting rights qua the only female child.
5. Further, learned counsel for petitioners states that the divorce has already been taken place in the presence of the Imam of Zafrabad Mosque as per the Muslim rites which is enforceable and now they have dissolved this marriage by the aforesaid Talaq.
6. Respondent No.2 who is personally present in the Court submits that she has settled all the disputes qua the aforesaid FIR and maintenance, alimony and istridhan with the petitioner No.1,· the husband and petitioner Nos.[2] to 8 his relatives and further submits that she does not wish to pursue this case, further and she has no objection if the present FIR is quashed.
7. Petitioner No.1 has handed over the cheque bearing No.849386 in the sum off 2.00 lac dated 01.08.2011 drawn on Punjab National Bank, Subzi Mandi, Delhi - 110007 to the respondent No.2, which has been accepted by her without any protest.
8. Since the matter has already been settled between the parties, Talaqnama has already taken place and both respondent No.2 and petitioner No.1 have decided to live separately and respondent No.2 does not wish to pursue the case further. CRL.M.C. 2444/2011 Page 2 of[3]
9. In the interest of justice, and in the present facts and circumstances of the case, I quash FIR No.112/2011 u/s 498A/406 /34 Indian Penal Code r/w Section 4 of Dowry Prohibition Act registered at police station Zafrabad and the proceedings arising therefrom.
10. Petitioner No.1, husband of respondent No.2 has undergone surgery, therefore, for the last six months, he is without any earnings and totally dependent on the pension of his father, petitioner No.2 Mustaffa Khan. Petitioner No.5 Smt.Kitabunnisa is the mother of petitioner No.1 and house wife. Petitioner Nos.3, 4, 6, & 7 are the brothers and sisters and they all are living separately. Petitioner No.8 is the married sister of petitioner No.1 and living at her matrimonial home. Therefore, I defer in imposing any costs upon the petitioners.
11. In view of above, Criminal M.C. No.2444/2011 is allowed.
AUGUST 01, 2011 Mk CRL.M.C. 2444/2011 ~ SURESH KAIT,J Page 3 of[3]