Hifzur Rehman & Ors v. State & Ors

ORDER M %

02.12.2011 This is a petition under Section 482 Cr.PC for quashing FIR No.520/2008 registered with Police Station Seelampur under Sections 406/498/A IPC read with Section 4 of Dowry Prohibition Act. The proceedings under Section 125 Cr.PC being CC No.415/2008 pending in the Court of Ms. Suchi Lalhair, learned MM, Karkardooma Courts, Delhi. . The pethionersare presentin personand are identifiedby their counsel. Respondentno.2/complainantis also presentwho is identifiedby her counsel. In supersession for all previous negotiations, the parties have now arrived at a settlement in the following terms:

(i) The petitionerno.l Mr. Hifzur Rehman, husband of respondent no.2 Smt. Rehana/ complainant has agreed to pay to Smt. Rehana a total sum of Rs.4.32 lac as towards all her claims, present, past and future and after that the complainant Stm. Rehana has no claim, right or entitlementpresent, past and future against her husband Mr. Hifzur Rehman and other petitioners herein.

(ii) A sum of Rs.32,000/- has already been received by the • ^ Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. complainant and a sum of Rs.3 lac is stated to be lying deposited with the Registrar General of this Court in another case between the parties i.e. Bail Application No.443 of 2009. It is also made clear that Smt. Rehana will also be entitled to the accrued interest on that amount. The balance of Rs.l lac has been paid to Ms. Rehana by way of a cheque dated 3.12.2011 bearing number 275412 drawn on State Bank of India, District Court Complex, Saket, New Delhi. It is undertaken by the petitioner that this cheque on presentation will be honoumed.

(iii) On receipt of aforesaid payment, Smt. Rehana will have no claim, present, past and future towards the petitioners herein.

(iv) The petitioner no. 1 Mr. Hifzur Rehman, husband of respondent no.2 Smt. Rehana/ complainant has pronounced "Talaq" three times within the hearing and presence of Smt. Rehana and others. She accepted the same to be valid. Having regard to the foregoing facts and circumstances and the fact that the parties have arrived at a settlement, no useful purpose would be served by keeping the FIR No.520/2008 registered with Police Station Seelampur under ^ Sections406/498/AIPC readwithSection4ofDowryProhibitionActand the proceedings under Section 125 Cr.PC being CC No.415/2008 pending in the w Court of Ms. Suchi Lalhair, learned MM, Karkardooma Courts, Delhi, the ^ same are hereby quashed. The petition stands disposed of in above terms. ' ^ . MX. MEHTA,J DECEMBER 02, 2011 rd

$-47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2581/2010 and Crl. MA 13582/2010 HIFZUR REHMAN & ORS. Petitioner Through: Mr. Aman Usman, Advocate versus STATE & ORS. Respondent Through: Ms. Jasbir Kaur, APP for State Mr. S. Singh, Advocate for R-2 CORAM: HON^BLE MR. JUSTICE MX. MEHTA