MOHD UMAR & ORS Vs. STATE & ANR

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.447/2015 registered at Police Station Jamia Nagar, Delhi, for the offences punishable under Sections 498A/406/34 IPC and the consequential proceedings emanating therefrom against them.

(2.) Learned counsel appearing on behalf of the petitioners submit that the aforesaid case was registered on the complaint of respondent No.2, namely, Ms.Mumtaz, consequent upon certain matrimonial and domestic disputes having arisen between the parties. The case is at the initial stage of investigation as charge sheet has not been filed. Meanwhile, the respondent No.2 and the petitioners have amicably settled their disputes before Delhi Mediation Centre, Saket Courts, New Delhi vide settlement/agreement dated 06.07.2015, for a total sum of Rs.1.75 Lac. As per the said settlement, Rs.0.50 Lac were paid on 29.07.2015 and the balance amount of Rs.1.25 Lac is paid today in the Court vide draft bearing No.050400 dated 23.09.2015 drawn on Jamia Cooperative Bank Ltd in favour of respondent No.2, which facts have not been disputed by the respondent No.2.

(3.) It is also submitted that consequent to such settlement, marriage between the petitioner No.1 and respondent No.2 has been dissolved by Muslim customary rites by pronouncing Talaq thrice on 27.07.2015. As per the settlement, the agreed amount has also been paid. Thus, respondent No.2 does not wish to pursue the case further against petitioners.