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Rehana vs The State Nct Of Delhi & Anr on 5 September, 2017

Author: Vinod Goel

Bench: Vinod Goel

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(CRL) 2108/2017
         REHANA                                       ..... Petitioner
                             Through Mr. K.K. Manan, Sr. Advocate with
                             Mr.Anrush Narang, Advocate along with
                             petitioner in person.

                             versus

         THE STATE NCT OF DELHI & ANR               ..... Respondents
                       Through: Ms. Srilina Roy for Ms. Nandita Rao,
                       ASC for the State with SI Vivek, P.S. Chandani
                       Mahal, New Delhi.
                       Respondent No.2 in person.
         CORAM:
         HON'BLE MR. JUSTICE VINOD GOEL

                             ORDER

% 05.09.2017

1. Status report has been filed.

2. The respondent no. 2 is present. She is being represented by her counsel. She is duly identified by IO SI Vivek.

3. Notice to respondent No.3. He is present and accepts the notice.

4. The petitioner has invoked the writ jurisdiction of this court under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of the FIR bearing No.69 registered on 17.03.2016 against her with Police Station Chandni Mahal, Central Delhi, under Sections 498A/326A IPC on the complaint of respondent No.2.

5. The marriage of the respondent No.2 with respondent no.3 was W.P. (Crl.) No.2108/2017 Page 1 of 3 solemnized on 29.12.2015 as per Muslim rites and customs. However, out of this wedlock no child was born.

6. On 12.03.2016, an altercation took place between the complainant/respondent No.2 and petitioner, who is her mother-in- law.

7. Later on, the parties i.e. complainant, her husband/respondent No.3 and the petitioner had amicably settled and resolved all their disputes. The respondent No.3 had granted divorce to the respondent No.2 as per Muslim Customs. He had agreed to pay a total sum of Rs.8,00,000/- to the respondent no.2 in full and final settlement of all her claims including the maintenance and cost of dowry/stridhan articles.

8. Pursuant to this settlement, the respondent No.3 had already paid Rs.2.50 lacs vide cheque bearing No.000014 dated 05.12.2016 and Rs.2.50 lacs vide cheque bearing No.000018 dated 05.03.2017, both cheque issued on HDFC Bank, in favour of the respondent No.2.

9. Today, the respondent No.3 has paid further amount of Rs.2,42,000/-

by Bankers Cheque No.074046 issued by State Bank of India in favour of respondent No.2, which is accepted by her. The respondent No.2 states that she had voluntarily settled and resolved all disputes with the petitioners without any force and coercion. She submits that she had received Rs.58,000/- by cash from the respondent no.3. She further submits that she has received the entire settlement amount from the respondent No.3 and all stridhan articles from the respondent No.2. She submits that she does not want to pursue the said FIR. She submits that the said FIR may be quashed.

10. Learned ASC through IO submits that the charge sheet has so far not been filed.

11. Both the parties submit that now nothing is due and recoverable by them against each other. The matter had been amicably settled between the parties and no purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the said FIR No.69 registered on 17.03.2016 against the petitioner with Police Station Chandni Mahal, Central Delhi, under Sections 498A/326A IPC and proceedings arising out of the said FIR are hereby quashed.

12. The petition is disposed of accordingly.

13. DASTI.

VINOD GOEL, J.

SEPTEMBER 05, 2017 "sandeep"