Nahim Khan vs State & Anr.
2019 Latest Caselaw 6038 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of decision: November 27, 2019

+      W.P.(CRL) 1413/2019 & Crl.M.A. 37637/2019
       NAHIM KHAN                                        ..... Petitioner
                          Through:     Mr. Rahul Tripathi, Advocate.

                          Versus

       STATE & ANR.                                       ..... Respondent
                          Through:     Ms. Shivani Sharma, Advocate for
                                       Ms.Richa Kapoor, Additional
                                       Public Prosecutor for State with
                                       ASI Subhash Chand
                                       Respondent No.2 in person.
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 721/2014, under Sections 498-A/406/34 IPC, registered at police station Jamia Nagar, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably resolved through Panchayat Samaj Party of Muslim religion.

Learned counsel appearing on behalf of Standing Counsel for the respondent/State submits that petitioner as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified on the basis of identity proof furnished by them.

Learned counsel for petitioners as well as respondent No.2 submit that during pendency of this petition, it has been agreed between the

parties that their daughter- Rehana will remain in custody of petitioner/father but respondent No.2/mother will have visitation rights and for this purpose, petitioner will drop his daughter- Rehana at the residence of respondent No.2/mother at 10:00 am on every second Sunday and will take her back at 5:00 p.m. in the evening.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved and that divorce as per muslim law has been obtained by the parties. Respondent No.2 submits that now no grievance against petitioner survives and subject to petitioner making her meet her daughter in afore-noted manner, she has no objection to the quashing of FIR in question.

Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and 721/2014, under Sections 498- A/406/34 IPC, registered at police station Jamia Nagar, Delhi and the proceedings emanating therefrom are quashed.

This petition and application stands disposed of.

(BRIJESH SETHI) JUDGE NOVEMBER 27, 2019 r