Zuber Khan & Ors. v. State & Anr.

Delhi High Court · 09 Oct 2019 · 2019:DHC:5095
Suresh Kumar Kait
CRL.M.C. 5070/2019
2019:DHC:5095
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings arising from a matrimonial dispute following an amicable settlement between the parties recorded before the Family Court.

Full Text
Translation output
CRL.M.C. 5070/2019
HIGH COURT OF DELHI
Date of Decision: 09.10.2019
CRL.M.C. 5070/2019
ZUBER KHAN & ORS. ..... Petitioners
Through Mr. Israr Ahmad, Adv.
VERSUS
STATE & ANR ..... Respondents
Through Mr. Izhar Ahmad, APP for State ASI Shyam Sunder, PS Palam Village
Mr. Dharmender Sharma, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. . 37582/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 0344/2016 dated 20.09.2016 registered at Police Station Palam Village and consequent proceedings arising therefrom. 2019:DHC:5095

4. Notice issued.

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

6. The petitioner no.1 and respondent no.2 got married on 11.11.2011. Due to extreme incompatibilities between the petitioner no.1 and respondent no.2, they started living separately.

7. The petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement vide order dated 11.04.2019 before Family Court, Dwarka, New Delhi and settled all their disputes amicably.

8. The total settlement amount is ₹3,75,000/-(Rupees Three Lacs Seventy Five Thousand only). It is submitted that the respondent no.2 has already received an amount of ₹ 2,00,000/- (Rupees Two Lacs). Balance amount of ₹1,75,000/- (Rupees One Lac Seventy Five Thousand Only) is handed over to the respondent no.2 in cash today in the Court.

9. The complainant is present in person with her counsel and has been identified by SI Dharmender Sharma of Police Station Palam Village and submits that since the matter has been settled, therefore, she does not wish to prosecute the petitioners any further.

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

11. For the reasons afore-recorded, the FIR No. 0344/2016 dated 20.09.2016 and consequent proceedings emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti, under the signature of Court Master.

JUDGE OCOTBER 09, 2019 ms