S K Razzaue Hussain & Ors v. State

1. This is an application seeking exemption from filing the certified copies.

2. Exemption is allowed.. CH. M. C. No. 2279/2011

3. This is a petition for quashing of an FIR No. 240/2006 under Section 498A/406/34 IRC registered by P.S. Jahangirpuri, Delhi in respect of which the charge sheet is presently pending before the learned Metropolitan Magistrate, Rohini Courts, Delhi. The ground for quashing of the FIR is that the petitioner no.l/husband has settled all his matrimonial disputes with the petitioner no. 8/wife. As a consequence of this settlement, the 2011:DHC:10596 parties have already been divorced and the petitioner no. 1 was required to give a total sum of ^3,00,000/- by way of entire streedhan, permanent alimony, etc. It has been stated that ?2,00,000/- has already been paid to the complainant and the balance amount of ^1,00,000/- is paid, by way of demand draft bearing no. 447962 in favour of Moyana Bibi drawn on Standard Chartered Bank in India, in the Court today itself. The petition is supported by the affidavit of all the petitioners. The petitioner nos. 1 to 7 are the residents of Kolkata, and therefore, only the petitioner no. 1 is stated to be present in Court and he is duly identified by his counsel. On oral request, the petitioner nos. 2 to 7 are exempted from personal appearance, although, their affidavits in support of the averments made in the petition are on record. The petitioner no. 8/complainant is present in Court and is duly identified by her counsel and she has also filed her affidavit in support of the averments made in the petition. She has stated that she has no objection, in case, the FIR and the consequent proceedings which are pending before the learned Magistrate are quashed.

4. The learned APP who is present in response to an advance copy having been served does not have any objection, in case, the FIR and the consequent charge sheet is quashed in as much as both the parties have settled all their matrimonial disputes.

5. Having regard to the facts of the present case, I feel that no useful purpose would be served by keeping the FIR and the consequent proceedings pending before the learned Magistrate. Accordingly, the FIR No. 240/2006 under Section 498A/406/34 IPG registered by P.S. Jahagirpuri, Delhi and the consequent proceedings, presently pending before the learned Metropolitan Magistrate, Rohini Courts, Delhi are quashed. Parties to bear their own costs. JULY 22, 2011 KP V.K. SHALI,[3]