Amin Khan & Ors vs Govt Of Nct Of Delhi & Anr

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. No. 4380/2011

%            Judgment delivered on:02nd January, 2012

AMIN KHAN & ORS                                    ..... Petitioners
                               Through: Mr.Dinesh Kumar, Adv.

                     versus


GOVT OF NCT OF DELHI & ANR                  ..... Respondents
                       Through: Mr.Navin Sharma, APP for
                       State with ASI Balwan, police station
                       Mehrauli in person.
                       Respondent No.2 in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

1. Notice issued.

2. Mr.Naveen Sharma, learned APP on behalf of respondent No.1/State and respondent No.2 appearing in person accepts notice.

3. Learned counsel for petitioners submit that vide FIR No.565/2009 dated 08.10.2009, a case under Section 498A/406/328/34 Indian Penal Code was registered against the petitioners on complaint of respondent No.2 at police station Mehruali, New Delhi.

4. Further submitted that vide compromise deed dated 21.04.2011, matter has been settled between petitioner No.1 and respondent No.2. Pursuant to said settlement, respondent No.2 is no more interested in pursuing her case anymore.

5. Respondent No.2 present with her father Haji Kimu, R/o 386, Dabur Colony, District Ghaziabad, UP, who identifies her as respondent No.2. In addition, respondent No.2 has produced her original voter identity card bearing No.AWX0146787 dated 10.11.2008. Original seen & returned to her.

6. Respondent No.2 submits that she has received the agreed amount of ` 3.00 Lacs from petitioner No.1 and pursuant to the compromise deed, marriage between petitioner No.1 and respondent No.2 has been dissolved by Talaqnama dated 25.04.2011. She submits that she has settled all the issues with the petitioners qua the present FIR and she has no objection, if the FIR is quashed.

7. Keeping the settlement between the parties, dissolution of marriage and statement of respondent No.2, in the interest of justice, FIR No.565/2009 registered against the petitioners at police station Mehruali, New Delhi and the proceedings emanating thereto, are hereby quashed.

8. Considering the financial position of petitioners, no costs is being imposed upon them.

9. Accordingly, Criminal M.C.No.4380/2011 is allowed and stands disposed of.

10. In view of above order, Criminal M.A.No.20061/2011(stay) does not require any adjudication and same stands disposed of as such.

11. Dasti.

SURESH KAIT, J JANUARY 02, 2012 Mk Crl.M.C.4380/2011 Page 3 of 3