Delhi High Court
Nasir Ali Khan & Ors. vs State & Anr. on 2 March, 2012
Author: Suresh Kait
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No.501/2012
% Judgment delivered on: 2nd March, 2012
NASIR ALI KHAN & ORS. ..... Petitioners
Through : Mr.Feroze Ahmad, Adv.
versus
STATE & ANR. ..... Respondent
Through : Ms. Rajdipa Behura, APP for
the State.
Mr. Adnan Ahmad, Adv. for R-2 with
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Learned counsel for petitioners submits that pursuant to the
order dated 10.02.2012, respondent No.2 Shazia Tahir appeared in
person along with her counsel Mr. Adnan Ahmad.
2. Ld. Counsel for the petitioners submits that vide FIR
No.561/2007 dated 25.10.2007 a case under Sections 498A/406 of the
Indian Penal Code, 1860 was registered against the petitioners on the
complaint of respondent No.2 at police station New Friends Colony,
New Delhi.
3. It is further submitted that respondent No.2 has settled all the
issues qua the aforesaid FIR against the petitioners, therefore, she is no
more interested in pursuing this case against them. Affidavit to this
effect by the Respondent No.2 is placed at page No.23 of the paper
book.
4. It is further submitted that petitioner No.1 has already conveyed
Talaqnama in writing to the respondent No.2.
5. Respondent No.2 is present in person with her counsel
Mr.Adnan Ahmad, who duly identifies her.
6. On instructions, learned counsel for respondent No.2 has
submitted that she has settled all the issues qua the aforesaid FIR with
the petitioners. The marriage between respondent No.2 and petitioner
No.1 has already been dissolved by Talaqnama conveyed to her as per
Muslim Personal Law.
7. It is further submitted that as per the settlement, the petitioner
No.1 agreed to pay Rs.4 lakhs in lump sum for all the claims, which
has been paid vide two demand drafts bearing No.178108 and 178109
both dated 22.12.2011 for Rs.2 lakhs each, a copy of which is placed
on record. Respondent No.2 has received the aforesaid two demand
drafts for Rs.4 lakhs without protest. She is no more interested in
pursuing the aforementioned FIR and has no objection, if the same is
quashed.
8. Learned APP, on the other hand, submitted that on completion
of investigation, charge-sheet had been filed before learned Trial Court
and matter is pending for framing of charge.
9. She further submitted that if this Court is inclined to quash the
FIR, heavy costs may be imposed upon the petitioners, as in the
process government machinery has been pressed into and precious
time of this Court has been consumed.
10. Keeping the Talaqnama between petitioner No.1 and respondent
No.2, as well as statement of respondent No.2 that she is no more
interested to pursue the case against petitioners into view; in the
interest of justice, FIR No.561/2007 registered against the petitioners at
police station New Friends Colony, New Delhi and all consequent
proceedings emanating therefrom are hereby quashed.
11. Though, I find force in the submission of learned APP regarding
imposing costs on the petitioners, however, keeping in view the
financial position of the petitioner No.1, who is working on a meagre
salary of Rs.6,000/- p.m., and other petitioners are his relatives, I
refrain from imposing costs upon them.
12. Consequently, Criminal M.C.No.501/2012 is allowed and stands
disposed of in above terms.
13. Dasti.
SURESH KAIT, J
MARCH 02, 2012
RS
