Mukhtyar Malik @ Sonu & Ors. v. State & Anr.

Delhi High Court · 06 Nov 2019 · 2019:DHC:5783
Brijesh Sethi
W.P.(Crl.) 2306/2019
2019:DHC:5783
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, and 34 IPC following amicable settlement and divorce under Muslim law, emphasizing mediation's role in matrimonial disputes.

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W.P.(Crl.) 2306/2019 HIGH COURT OF DELHI
Date of Decision: November 06, 2019
W.P.(CRL) 2306/2019 and CRL.M.A. 33817/2019
MUKHTYAR MALIK @ SONU & ORS. ..... Petitioners
Through: Mr. R.P.S.Bhati, Advocate with petitioners in person.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Rahul Mehra, Standing counsel for respondent/State
Mr. Amanpreet Singh, Advocate Respondent No.2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 415/2017, under Sections 498-A/406/34 IPC, registered at police station Khajuri Khas, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably resolved through Delhi Mediation Centre, Karkardooma Courts, Delhi in terms of
Settlement Agreement of 1st August, 2019 and that divorce as per muslim law has been obtained by the parties.
Notice.
2019:DHC:5783 W.P.(Crl.) 2306/2019 Mr. Rahul Mehra, learned Standing Counsel for the respondent/State accepts notice and submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified on the basis of identity proof furnished by them.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Delhi Mediation
Centre, Karkardooma Courts, Delhi and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.2,10,000/- by way of demand draft bearing No.111311, dated 4th November, 2019, drawn on Axis Bank, New Delhi from petitioners and that divorce as per muslim law has been obtained by the parties. Respondent No.2 submits that now no grievance against petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and FIR No. 415/2017, under Sections
498-A/406/34 IPC, registered at police station Khajuri Khas, Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition stands disposed of.
(BRIJESH SETHI)
JUDGE
NOVEMBER 06, 2019 r 2019:DHC:5783