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Delhi High Court · 20 Jan 2011 · 2011:DHC:8779
AiC Pathak
Cr1. M.A. 681/2011
2011:DHC:8779
criminal appeal_allowed

AI Summary

The High Court quashed the FIR under Sections 498-A, 406, and 34 IPC following an amicable settlement and remarriage of the complainant, exercising its inherent powers under Section 482 CrPC.

Full Text
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% 20.01.2011
Present: Mr. Muhammad Arif and Mr. Muhammad Salilm, Advs. for the petitioner.
Mr. U.L. Watwani, APP for the State.
Mr. Fakruddin, Adv. for respondent no. 2 along with respondent no. 2 in person.
+ Cr1. M.A. 681/2011
*
Allowed, subject to all just exceptions.
Application stands disposed of in the above terms.
+ Cr!. M.C. 163/2011
Petitioner no. 1 and respondent no. 2 were married sometime in the year 1999 as per Muslim rites and ceremonies. On account of temperamental differences they started living separately since the year
JUDGMENT

2001. On the complaint of respondent no. 2, FIR in question was registered against the petitioner and his relatives i.e. petitioner nos. 2 to

5. It appears that petitioner no. 1 had pronounced 'Talaq' and divorced respondent no. 2 sometime in the year 2001. After respondent no. 2 was divorced, she has re-married with one Nisar Ahmed way back in the year

2006. Now, parties have settled their disputes before the Mediation Centre, Karkardooma Courts, Delhi on 29 th October, 2010. In terms of the settlement, a sum of 20,000/- has already been paid to respondent no. 2 by petitioner no. 1 on 29th October, 2009. Balance amount of 30,000/- has been paid today to respondent no.2 in the Court through 2011:DHC:8779 demand draft photocopy whereof, has been placed on record. Respondent no. 2, who is present in the Court, has no objection in case the present FIR is quashed. Keeping in mind that parties have settled their disputes amicably before the Mediation Centre, inasmuch as, respondent no. 2 has now remarried, no fruitful purpose would be served in keeping the criminal proceedings pending against the petitioners. Accordingly, in the larger interest, FIR 298/2001 under Sections 498-A/406/34 IPC registered at Police Station Bhajanpura and consequent proceedings emanating thereform are quashed. Petition is disposed of in the above terms. Dasti. AiC PATHAK, J. JANUARY 20, 2011 ga