MOHD NASIR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for quashing of FIR No. 90/2001 under Sections 498-A/406/34 of Indian Penal Code ("I.P.C." in short), registered at Police Station Chandni Mahal on 30.04.2001, as well as the trial going on in the court of Ms. Sarita Birbal, Metropolitan Magistrate, Delhi.

(2.) The relevant facts are that the marriage between petitioner no. 1 and petitioner no. 8 was solemnized as per Muslim custom on 10.06.1998. Petitioners no. 2 to 7 are family members of petitioner no. 1. After the marriage between the petitioner no. 1 and petitioner no. 8 disputes arose between petitioner no. 8 and her in-laws which led to the registration of an FIR under Sections 498- A/406/34 IPC at Chandni Mahal police station at the behest of petitioner no. 8. In her complaint to the police petitioner no. 8 had made allegations of torture to her by her in-laws for not fulfilling their demands of dowry. The police did the investigation and then filed a charge-sheet in the concerned Court against the petitioners where trial is stated to be going on.

(3.) During the pendency of the said criminal proceedings, the petitioners have resolved their disputes and arrived at an amicable settlement as regards the maintenance, dower, custody of child, dowry articles etc. The parties have also executed a compromise deed dated 28.08.2003 wherein the terms of settlement have been written down by the parties. Copy of the said agreement is annexed with this petition as Annexure "A-2".