Irshad Baig & Ors v. State & Ors

ORDER

22.t1.2011 Crl. M.A. No. 18190/2011 (Exemption) Allowed, subject to all just exceptions. W.P. (Crl.) 1598/2011 This is a petition for quashing of FIR No. 4812011 under Sections 498L1406134IPC registered at PS Mangol Puri, Delhi. fhe Cornplainant/Respondent No. 2 Ms. Ihna Parveen is present in person and is identified by her counsel. She states that the Petitioners and Respondent No.2/Cornplainant have entered into a Compromise with the W.P.(CRL) 1598/2011 Page I of 3 VETSUS STATE & ORS Through: o '--i interference of elders and relative. It is fufther stated that the maniage between the parties has been dissolved by pronouncing talaq. As full and final settlement of all the claims of the Respondent No. 2, the Petitioner No.1 has to pay {60,000/-out of which {45,000/-had already been paid to her and T15,000/-have been paid to Respondent No. 2lComplainant today in Cour1. She further states that she has no clairns whatsoever of anv kind left against the Petitioner No. 1 and that in view of the settlernent between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Learned counsel for the learned Standing Counsel for the State points out that as per the Mernorandum of Understanding between the parties, all the clairns of rninor child Sana in the movable and immovable properties of her grandmother have been foregone. In view of the fact that the parties have amicably resolved their differences of their own fi'ee will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. w.P.(cRL) 1s98/2011 It is clarified that neither the Petitioners nor the Respondent No. 2 has the capacity to forgo the claims of the minor child Sana and on attaining the majority she will have the right to claim her share as she may be entitled in law. Petitioner No. 5 Sharnima who is present in Court and is identified by the learned counsel does not object to the same. Consequently, FIR No. 4812011 under Sections 498N406/34 IPC registered at PS Mangol Puri, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgrnent of their statements made before this Courl. The petition stands disposed of. Order dasti. h,,^*rt /rrr"O / /-

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66# $- * IN THE HIGH COURT + w.P.(cRL) rs98l2orr IRSHAD BAIG & ORS Through: OF DELHI AT NEW DELHI ..... Petitioners \4r. S.P. Sharma and Ms. Rektra Sharma, Advocates with Petitioners in person. ..... Respondents Mr. Harsh Prabhakar, Advocate for Mr. Pawan Sharma, Standing Counsel with SI Uma Datt, PS Manglo Puri. Mr. Karlickay Mathur, Advocate for Respondent No. 2 with Respondent No. 2 in person. COIIAM: HON'BLE MS. JUSTICE MUKTA GUPTA