Delhi High Court
Mohd. Khaliq & Ors. vs State, Gnct Of Delhi & Anr. on 16 July, 2018
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.07.2018
+ CRL.M.C. 3270/2018
MOHD. KHALIQ & ORS. ..... Petitioners
versus
STATE, GNCT OF DELHI & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Nasir Kamal, Advocate.
For the Respondents: Mr. Kamal Kumar Ghai, APP for the
State.
Mr. S.C. Malhotra, Advocate for R-2
with R-2 in person
SI Rajiv Kumar, PS Mandawali.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
16.07.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Learned counsel for the petitioners submits that the petitioner Nos.2
and 3 are the father and mother respectively of the petitioner No.1 and are
aged 72 and 62 years and on account of their present health condition, they
could not be present in Court. They have filed their affidavits supporting
the petition. He prays for their exemption from personal appearance.
2. For the reasons stated, petitioner Nos.2 and 3 are granted exemption
from personal appearance.
3. The petitioners seek quashing of FIR No.176/2009 under Sections
498A/406/34 IPC, Police Station Mandawali Fazal Pur.
4. The subject FIR emanates out of matrimonial discord. Petitioner
No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the
father-in-law and mother-in-law of the respondent No.2.
5. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before Delhi
Mediation Centre, Karkardooma Courts on 02.05.2018. As per the
settlement, the parties were to take divorce.
6. The parties are present in Court in person. They submit that they
have already been divorced as per Muslim Shariat law on 21.05.2018 and
this statement has also been recorded before the Trial Court as per the
settlement.
7. The respondent No.2 was to be paid a total sum of Rs.40,00,000/-
including all her claims for maintenance as well as mehar etc. A sum of
Rs.30,00,000/- has already been paid. The balance sum of Rs.10,00,000/-
has been paid to the respondent No.2 by way of Demand Draft No.041409
dated 26.06.2018 drawn on Axis Bank for Rs.6,00,000/- and Demand Draft
No.000789 dated 26.06.2018 drawn on Axis Bank for Rs.4,00,000/-.
8. As per the settlement, the permanent custody of the minor daughter
born out of the wedlock is to remain with the respondent No.2. The
petitioner No.1, who is present in Court in person, undertakes that he shall
not claim any rights contrary to the settlement agreement between the
parties. The undertaking is accepted.
9. The respondent No.2 is present in person and represented by counsel
and identified by the IO. She submits that she has settled her disputes with
the petitioners and does not wish to press charges against the petitioners
and prosecute the complaint any further.
10. In view of the fact that the proceedings emanate out of a matrimonial
discord and the parties have fully and finally settled their disputes and the
respondent No.2 has stated that she does not wish to press the complaint
any further and the fact that the parties have already been divorced as per
Muslim Shariat law on 21.05.2018, 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.
11. In view of the above, the petition is allowed. FIR No.176/2009
under Sections 498A/406/34 IPC, Police Station Mandawali Fazal Pur and
the consequent proceedings emanating there from are quashed.
12. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 16, 2018
st
