Sh. Muzibur Rehman @ Mojebur Rehman @ Mujib v. State & Anr.

Delhi High Court · 18 Feb 2020 · 2020:DHC:1154
Suresh Kumar Kait
CRL.M.C. 894/2020
2020:DHC:1154
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and related proceedings following an amicable settlement between the parties and the complainant's decision not to pursue prosecution.

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CRL.M.C.894/2020
HIGH COURT OF DELHI
Date of Decision: 18.02.2020
CRL.M.C. 894/2020
SH. MUZIBUR REHMAN @ MOJEBUR REHMAN @ MUJIB & ORS. .... Petitioners
Through Mr.Kunwar Nagendra, Adv.
VERSUS
STATE & ANR. .... Respondents
Through Mr.Panna Lal Sharma, APP for State with ASI Suman Prasad , PS Sarai
Rohilla Mr.Swadesh Kumar, Advs. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 3680/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 894/2020

3. Vide the present petition, petitioners seek direction for quashing of FIR No. 447/2017 dated 29.11.2017 registered at Police Station Sarai 2020:DHC:1154 Rohilla, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, present petition is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 26.3.2013 as per Muslim rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

7. Petitioners and respondent no.2 entered into an amicable settlement vide a Settlement Deed dated 25.3.2019 and settled all their disputes amicably.

8. Respondent No.2 is present in person and has been identified by SI ASI Suman Prasad (IO) and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. The total settlement amount is ₹2,00,000/- (Rupees Three Lakhs only). A demand draft bearing No.501445 dated 19.11.2019 for balance amount of ₹2,00,000/- (Rupees Two Lakhs only) is handed over to respondent no. 2 today in the Court.

10. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

11. For the reasons afore-recorded, FIR No. 447/2017 dated 29.11.2017 registered at Police Station Sarai Rohilla, Delhi and consequent proceedings emanating therefrom are quashed.

12. The petition is, accordingly, allowed and disposed of.

13. Order dasti

JUDGE FEBRUARY 18, 2020