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CRL.M.C. 3938/20.10 FAKRUL HUSSAIN & ORS Petitioners \
Through: Mr.Ranjit Singh, Adv. with petitioners in person
Through: i^r.i^.N.Dudeja, APR
21.12.2010 CrLM.A. No.18766/2010 (exemption^ Allowed, subject to all just exceptions.
ORDER
1. The present petition is filed by the petitioners under Section 482 Cr.P.C. praying, inter alia, for quashing of FIR No.744/2003 lodged by petitioner No.6 against her husband, petitioner No.l, and his family members, petitioners No.2 to 5, under Sections 498A/406/34 IPC, registered with Police Station, Malviya Nagar, Delhi.
2. It is stated by counsel for the petitioners that the marriage of petitioner No.l with petitioner No.6 was solemnized under the Muslim law on 30'^'^ November, 1998. However, there was no issue born from out of the wedlock. In the year 2003, as disputes and differences 2010:DHC:10494 arose between the parties, they started residing separately. A complaint was filed by petitioner No.6 with Crime Against Women Cell on 27*^"^ June, 2003. In October 2003, petitioner No.l and petitioner No.6 started residing separately and thereafter, Talaq was given by petitioner No.l to petitioner No.6.
3. It is stated by the counsel for the petitioners that both petitioner No.l and petitioner No.6 have remarried and with the intervention of the well wishers and family members, it is agreed between the parties that they shall resolve all their inter se disputes and also seek quashing of the present FIR.
4. Petitioner No.6 is present in Court and is duly identified by the counsel for the petitioners. She confirms the fact that she has arrived at a settlement with petitioner No.l of her own free will and volition and without any undue influence or coercion from any quarter. She submits that she has no objection to the FIR being quashed.
5. Learned APP submits that in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.
6. In view of the submission made by petitioner No.6/complainant and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.
7. Accordingly, the prayer made in the petition is allowed. FIR No.744/2003, lodged by petitioner No.6/complainant with Police Station: Malviya Nagar, New Delhi, and all proceedings arising therefrom are quashed.
8. The petition is disposed of. File be consigned to the record room.
DECEMBER 21, 2010 vg HIMA KOHLI.J