Sh. Muzibur Rehman @ Mojebur ... vs State & Anr.
2020 Latest Caselaw 1126 Del

$~41
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision:18.02.2020

+      CRL.M.C. 894/2020
       SH. MUZIBUR REHMAN @ MOJEBUR REHMAN
       @ MUJIB & ORS.                    .... Petitioners
                          Through       Mr.Kunwar Nagendra, Adv.

                          versus

       STATE & ANR.                                        .... Respondents
                          Through       Mr.Panna Lal Sharma, APP for State
                                        with ASI Suman Prasad , PS Sarai
                                        Rohilla
                                        Mr.Swadesh Kumar, Advs. for R-2
                                        with R-2 in person
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 3680/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 894/2020

3. Vide the present petition, petitioners seek direction for quashing of

FIR No. 447/2017 dated 29.11.2017 registered at Police Station Sarai

Rohilla, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

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

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

is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 26.3.2013 as per

Muslim rites and rituals. Due to extreme incompatibilities between

petitioners and respondent no.2, they started living separately.

7. Petitioners and respondent no.2 entered into an amicable settlement

vide a Settlement Deed dated 25.3.2019 and settled all their disputes

amicably.

8. Respondent No.2 is present in person and has been identified by SI

ASI Suman Prasad (IO) and submits that matter has been settled and she

does not wish to prosecute the matter any further.

9. The total settlement amount is ₹2,00,000/- (Rupees Three Lakhs

only). A demand draft bearing No.501445 dated 19.11.2019 for balance

amount of ₹2,00,000/- (Rupees Two Lakhs only) is handed over to

respondent no. 2 today in the Court.

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

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

further.

11. For the reasons afore-recorded, FIR No. 447/2017 dated 29.11.2017

registered at Police Station Sarai Rohilla, Delhi and consequent proceedings

emanating therefrom are quashed.

12. The petition is, accordingly, allowed and disposed of.

13. Order dasti

(SURESH KUMAR KAIT) JUDGE FEBRUARY 18, 2020/rk