Sajid Khan & Ors. vs State & Anr.
2019 Latest Caselaw 6510 Del

$~56
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 12.12.2019

+      CRL.M.C. 6405/2019
       SAJID KHAN & ORS.                                  ..... Petitioners
                     Through            Mr. Ankit Tandon, Mr. Rajiv Ranjan
                                        with Ms. Hernisha Tandon, Advs.

                          versus

       STATE & ANR.                                 ..... Respondents
                          Through       Mr. Izhar Ahmad, APP for State.
                                        Mr. Mahender Pal, PS New
                                        Usmanpur
                                        Ms. Pratibha Shukla, Adv. for R-2

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.A. 42510-11/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 6405/2019

3. Vide the present petition, the petitioners seek quashing of FIR No.

1454/2015 dated 31.12.2015 registered at Police Station New Usmanpur and

consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State and counsel for the

respondent no.2 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

6. The marriage of deceased Ashif @ Amit and respondent no.2 was

solemnized on 18.03.2009 as per Hindu rites and rituals. It was the second

marriage of respondent no.2 and her first husband namely Mr. Deepak

Sharma had expired and from her first marriage, she had three children. The

custody of her children is with respondent no. 2 only. However, no issue

was born out of her second marriage.

7. The petitioners and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement before the

Mediation Centre, Karkardooma Courts, vide order dated 17.07.2019 and

settled all their disputes amicably.

8. The total settlement amount is ₹1,00,000/-(Rupees One Lakh only). It

is submitted that the respondent no. 2 has already received an amount of

₹50,000/- (Rupees Fifty Thousand only). For the balance amount of

₹50,000/- (Rupees Fifty Thousand only) is handed over to the respondent

no. 2 in cash today in the Court.

9. The complainant is present in person with her counsel and has been

identified by SI Mahender Pal of Police Station New Usmanpur and submits

that matter has been settled and she does not wish to prosecute the matter

any further.

10. Taking into account the aforesaid facts, this Court is inclined to quash

the FIR as no useful purpose would be served in prosecuting the petitioners

any further.

11. For the reasons afore-recorded, FIR No. 1454/2015 dated 31.12.2015

registered at Police Station New Usmanpur and consequent proceedings

emanating therefrom are quashed.

12. The petition is allowed accordingly.

13. Order dasti

(SURESH KUMAR KAIT) JUDGE DECEMBER 12, 2019 ms