Zuber Khan & Ors. vs State & Anr
2019 Latest Caselaw 4793 Del

$~30
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 09.10.2019

+      CRL.M.C. 5070/2019
       ZUBER KHAN & ORS.                                  ..... Petitioners
                    Through             Mr. Israr Ahmad, Adv.

                          versus

       STATE & ANR                                       ..... Respondents
                          Through       Mr. Izhar Ahmad, APP for State
                                        ASI Shyam Sunder, PS Palam Village
                                        Mr. Dharmender Sharma, Adv. for
                                        R-2



       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. . 37582/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5070/2019

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

0344/2016 dated 20.09.2016 registered at Police Station Palam Village 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 further with the consent of the counsel for the parties,

the present petition is taken up for final disposal.

6. The petitioner no.1 and respondent no.2 got married on 11.11.2011.

Due to extreme incompatibilities between the petitioner no.1 and respondent

no.2, they started living separately.

7. The petitioner no.1 and respondent no.2 with the intervention of their

well wishers and relatives have entered into an amicable settlement vide

order dated 11.04.2019 before Family Court, Dwarka, New Delhi and

settled all their disputes amicably.

8. The total settlement amount is ₹3,75,000/-(Rupees Three Lacs

Seventy Five Thousand only). It is submitted that the respondent no.2 has

already received an amount of ₹ 2,00,000/- (Rupees Two Lacs). Balance

amount of ₹1,75,000/- (Rupees One Lac Seventy Five 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 Dharmender Sharma of Police Station Palam Village and

submits that since the matter has been settled, therefore, she does not wish to

prosecute the petitioners any further.

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

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

petitioners any further.

11. For the reasons afore-recorded, the FIR No. 0344/2016 dated

20.09.2016 and consequent proceedings emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti, under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE OCOTBER 09, 2019 ms