Nabi Alam & Anr. vs The State & Anr.
2021 Latest Caselaw 1216 Del

$~31
*IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Date of decision: April 12, 2021

+      CRL.M.C. 1162/2021 & Crl.M.A. 5942/2021

       NABI ALAM & ANR.                          ..... Petitioners
                    Through:          Advocate (appearance not
                                      given)

                          Versus

       THE STATE & ANR.                        ..... Respondents
                     Through:         Mr. Izhar Ahmed, Additional
                                      Public Prosecutor for
                                      respondent No.1/State with SI
                                      Dheeraj
                                      Respondent No.2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                        JUDGMENT (ORAL)

% 12.04.2021 The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners are seeking quashing of

FIR No.265/20102016, registered at police station Jamia Nagar,

New Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for

State accepts notice and submits that respondent No.2 is present

through video conferencing and she has been identified as the

complainant of FIR in question by the Investigating Officer of this

case, who is also present through video conferencing.

4. With the consent of the parties, the present petition is taken

up for final hearing.

5. The marriage between petitioner No.1 and respondent No.2

was solemnized on 26.02.2005 but due to temporal differences, they

could not adjust together. On 10.05.2010, respondent No.2/wife

lodged a complaint against the petitioners, which culminated into

the FIR in question.

6. The present petition has been filed on the ground that the

parties have amicably settled their dispute in terms as spelt out in

the order dated 22.02.2020 passed by Mediation Centre, Saket

Courts, New Delhi.

7. Learned counsel for the petitioners submits that the terms of

settlement have been acted upon and the balance amount of

Rs.2,00,000/- has been paid to respondent No.2/complainant. It is

submitted that talaqnama was prepared and pronounced on

20.02.2020 itself.

8. Respondent No.2 present through video conferencing affirms

the factum of settlement and submits that terms thereof have been

fully complied with and divorce as per muslim law has already

taken place.

9. 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.

10. For the reasons afore noted, FIR No.265/20102016, registered

at police station Jamia Nagar, New Delhi and consequent

proceedings emanating therefrom are hereby quashed.

11. The petition is accordingly allowed and disposed of.

12. Pending application also stands disposed of.

13. The order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT) JUDGE APRIL 12, 2021 r