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

$~37
* 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.

W.P. (Crl.) No.2108/2017 Page 2 of 3

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”

W.P. (Crl.) No.2108/2017 Page 3 of 3

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