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*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: January 19, 2021
+ CRL.M.C. 24/2021 & CRL.M.A. 95/2021
IMRAN & ORS. ..... Petitioner
Through: Mr. Siddharth, Advocate with
petitioners in person
Versus
THE STATE & ANR. ..... Respondents
Through: Mr. Panna Lal Sharma,
Additional Public Prosecutor
for respondent No.1/ State
with Inspector Sanjeev
Mr. Raja & Mr. Shoiab
Haider, Advocates with
respondent No.2/complainant
in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT (ORAL)
% 19.01.2021
1. Vide the present petition, petitioners are seeking quashing of FIR No.134/2019, under Sections 323/342/354/354-B/313/511/ 376/34 IPC, registered at police station Jyoti Nagar, Delhi and all other proceedings arising therefrom.
Crl.M.C. 24/2021 Page 1 of 4
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present in the Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.
4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing.
5. The marriage between petitioner No.7/husband and respondent No.2/wife was solemnized on 30.03.2017 according to Muslim Rites and ceremonies and the marriage could not work and they started living separately since 27.04.2019. The dispute between the parties culminated into the FIR in question.
6. The present petition has been filed on the ground that matrimonial dispute between petitioner No.7 and respondent No.2 has been amicably settled in terms of Memorandum of Understanding dated 04.08.2020 and that they have obtained talaq/ divorce in the presence of witnesses, as per Shariyat on 30.09.2020.
7. Learned counsel for the petitioners submits that the terms of Crl.M.C. 24/2021 Page 2 of 4 Memorandum of Understanding dated 04.08.2020 have been acted upon and the balance amount of Rs.12,50,000/- has been paid to respondent No.2/complainant today in the Court.
8. Learned counsel for petitioners further submits that minor child Arhaan @ Abdullah born out of the wedlock of the parties is in the custody of respondent No.2/mother and in terms of the aforesaid settlement, custody of minor child Arhaan @ Abdullah has to be handed over to petitioner No.7/husband.
9. Learned counsel for respondent No.2 informs that the minor child Arhaan @ Abdullah is present in the Court premises and respondent No.2 is ready to hand over the custody of minor child to petitioner No.7.
10. Let custody of minor child Arhaan @ Abdullah be handed over to petitioner No.7 by respondent No.2 in the presence of Investigating Office of this case today itself.
11. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR. Crl.M.C. 24/2021 Page 3 of 4
12. For the reasons afore noted, FIR No.134/2019, registered at police station Jyoti Nagar, Delhi and consequent proceedings emanating therefrom are quashed.
13. The petition is accordingly allowed and disposed of.
14. The pending application also stand disposed of.
15. The order be uploaded on the website of this Court forthwith.
(SURESH KUMAR KAIT) JUDGE JANUARY 19, 2021 r Crl.M.C. 24/2021 Page 4 of 4