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HIGH COURT OF DELHI
JUDGMENT
MOHD. TASLEEM SIDDIQUI & ANR ..... Petitioners
Advocates who appeared in this case:
For the Petitioner : Mr. Vivek Verma with Mr. Mohd. Riyaz Ahmad
Ali, Advocate.
For the Respondent : Ms. Manjeet Arya, APP for the State with ASI
Rohtash, PS Aman Vihar.
Ms. Manju Rani, Advocate for respondent No.2 with respondent No.2 in person.
1. Petitioners seek quashing of FIR No.382/2016, under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, Police Station Anand Vihar, Outer District, based on a settlement.
2. Subject FIR emanates out of a matrimonial discord.
3. Petitioner No.1 is the husband of the respondent No.2 – complainant. Petitioner No.2 is the mother-in-law of the respondent No.2. Father of the petitioner has expired after the registration of the FIR. 2019:DHC:3142
4. Learned counsel for the petitioners submits that parties have resolved their disputes and MOU dated 04.09.2018 has been executed between the parties.
5. As per the settlement, petitioner has agreed to pay a total sum of Rs.70,000/- in full and final settlement of all claims of the respondent No.2. A sum of Rs.30,000/- has already been paid. The balance sum of Rs.40,000/- has been paid today in Court in cash to the respondent No.2, who is present in Court in person.
6. Parties have already divorced in accordance with Muslim Law on 04.09.2018.
7. Respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has amicably resolved the disputes with her husband and his family members. She submits that she does not wish to press charges against the petitioners and has no objection to the quashing of the subject FIR.
8. In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.
9. In view of the above, the petition is allowed. FIR No.382/2016, under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, Police Station Anand Vihar, Outer District and the consequent proceedings emanating there from are quashed.
10. Order Dasti under the signatures of the Court Master. JULY 02, 2019 SANJEEV SACHDEVA, J st