Rais Alam & Ors v. State & Anr

1. This is a petition filed by the petitioner for quashing of an FIR NO. 217/2010, under Section 498-A/406/34 IPG registered by P.S. Jamia Nagar, Delhi. The ground for quashing of the FIR is that the petitioner no. 1/Rais Alam has settled all his matrimonial disputes with the respondent no.2/Saltanat Parveen. A settlement deed of compromise dated 18.01.2011 was also executed between the parties. In terms of the said settlement deed, the petitioner no.l and the respondent no.2 have been divorced. A copy of the talaknama is placed on record. According to the terms and conditions of the settlement deed a sum of Rs.4,00,000/- has already been received by the respondent no.2 and the balance amount of Rs. 1,00,000/- is being paid to the respondent no. 2 in 2011:DHC:12335 cash today outside the Court. The respondent no. 2 has filed her affidavit and is also present in Court. She has been identified by her counsel. She has stated that she has no objection in case the aforesaid FIR and the consequent proceedings are quashed in the light of the fact that they have been divorced. She has also affirmed that she has received the entire payment of Rs.5,00,000/in terms of the settlement deed.

2. Having regard to the facts of the case, I feel that no useful purpose would be served by keeping the aforesaid FIR and the consequent investigation pending as the petitioner no. 1 and the respondent no. 2 have settled their matrimonial disputes and have been divorced.

3. Accordingly, the FIR no. 217/2010, under Section 498-A/406/34 IPG registered by P.S. Jamia Nagar, Delhi and the consequent investigation conducted by the local police are quashed. V.K. SHALI,J JUNE 01, 2011 KP