Mohd. Salman & Ors. vs State & Anr
2012 Latest Caselaw 1138 Del

$~29
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+         CRL.M.C. 595/2012

%              Judgment delivered on: 17th February, 2012

         MOHD. SALMAN & ORS.                          ..... Petitioners

                              Through:    Mr. Sohrab Khan and Mr. Abid
                                          Ibrahim, Advocates
                         Versus

         STATE & ANR                                    ..... Respondents
                              Through :   Mr. Navin Sharma, APP for
                                          State
                                          Mr. Javed Ashraf Khan,
                                          Advocate for R-2

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl. M. A. No. 2079/2012

1. Exemption allowed subject to all just exceptions.

2. CM stands disposed of.

CRL.M.C. 595/2012

1. Issue notice.

2. Mr. Navin Sharma, learned APP accepts notice on behalf of the State.

3. Mr. Javed Ashraf Khan, Advocate accepts notice on behalf of respondent No.2.

4. Respondent No.2 is present in person in the Court today.

5. With the consent of the parties the instant petition is taken for final disposal.

6. Learned counsel for the petitioners submits that vide FIR No. 276 dated 02.06.2007, case under Sections 498-A/406/34 of Indian Penal Code, 1860 was registered at P.S. New Friends Colony, New Delhi against the petitioners, on the complaint of respondent No.2.

7. It is further submitted that vide MOU agreement dated 28.07.2007, respondent No.2 has settled all her claims against the petitioners. The petitioner No.1 has already paid the entire settled amount to the respondent No.2 which she has accepted without any protest, therefore she is no more interested to pursue the case.

8. On instruction learned counsel for respondent No.2 has stated that respondent No.2 has settled all the disputes qua the aforesaid FIR against all the petitioners and she has also received the entire settlement amount. He further submits that marriage between petitioner no.1 and respondent No.2 has been dissolved by Talaknama, Muslim personnel law on 28.07.2007 itself. Respondent No.2 has no objection if the FIR mentioned above be quashed.

9. Learned APP for the State submits that the dispute between the petitioners and respondent No.2 has been resolved qua the aforesaid FIR, therefore, charge-sheet has not been registered.

10. He further submits that in this process Government machinery has been misused and precious time of the Court has been consumed. If this court is inclined to quash the FIR, heavy costs should be imposed upon petitioners.

9. Keeping in view of the settlement deed dated 28.07.2007, statement of respondent No.2 who is no more interested to pursue the case and marriage has been dissolved between petitioner No.1 and respondent No.2, therefore, in the interest of justice, I quash the FIR No. 276 dated 02.06.2007 registered at P.S. New Friends Colony and all the proceedings emanating therefrom.

10. Though, I find force in the submissions of ld. APP, however, keeping the financial position of the petitioners, I refrain on imposing costs on them.

11. Criminal M.C. 595/2012 is disposed of.

12. Dasti.

SURESH KAIT, J

FEBRUARY 17, 2012 b