Mohd Aslam & Ors vs State & Anr
2011 Latest Caselaw 5849 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI


+      CRL.M.C. 3319/2011


%              Judgment delivered on:30thNovember, 2011


       MOHD ASLAM & ORS                ..... Petitioner
                   Through : Mr. M. Hasibuddin, Adv.

                     versus


       STATE & ANR                       ..... Respondent
                              Through : Ms. Rajdipa Behura, APP.



CORAM:
HON'BLE MR. JUSTICE SURESH KAIT



SURESH KAIT, J. (Oral)

1. Vide order dated 30.09.2011, the following order was passed:-

"1. Learned counsel for the petitioner submits that FIR No. 291/2011 was registered under Sections 498 A/406 Indian Penal Code, 1860 against the petitioners on the complaint of respondent No. 2 at P.S. Bharat Nagar.

2. Further submits that the matter has been settled

between the parties vide settlement dated 01.05.2011.

3. Pursuant to the above settlement, the parties appeared before the learned District and Additional Sessions Judge, I/C North West District, Rohini Courts, Delhi, and vide order dated 14.05.2011, the following order was passed:-

"It is stated that parties have compromised the matter. A draft in the sum of Rs.2 Lacs, drawn on Axis Bank dated 05.04.2011 is given by the applicant to the complainant in court today. Copy of the same is filed on the record.

In view of this and considering all the facts and circumstances of the case, it is ordered that in the event of arrest of the applicant, he be released on anticipator bail on his furnishing personal bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the concerned IO/SHO subject to the condition that he shall join the investigation as and when required by the IO/SHO concerned."

4. It is submitted that the aforesaid settlement has binding effect."

2. Respondent No. 2/Nazmin D/o Mohd. Ali, R/0 House No. N- 76/75, Dhobi Ghat, Om Nagar, Rana Pratap Bagh, Delhi is personally present in the court today. She has been duly identified by her counsel, Mr. Samar Vijay Singh, Advocate and IO of the case, SI Vijay Kumar, P.S. Bharat Nagar.

3. Ld. Counsel for respondent no. 2 submits on instruction from her that she has settled all her claims and issues qua the aforesaid FIR vide compromise deed dated 01.05.2011 for a total sum of Rs.2Lacs and her marriage has been dissolved vide pronouncement of Talak as per Muslim rites and customs. Consequently, she does not want to pursue the case further and she has no objection if the FIR is quashed.

4. Keeping the aforementioned submissions and Talaknama between the parties, I quash the FIR No. 291/2010, registered at P.S. Bharat Nagar and all the proceedings emanating therefrom.

5. I refrain myself from imposing costs upon the petitioners, keeping in view their poor financial condition.

6. Criminal M.C. 3319/2011 is allowed.

7. Dasti.

SURESH KAIT, J

NOVEMBER 30, 2011 j