Shanwaz & Ors. vs The State (Govt. Of N.C.T.) & Anr.
2021 Latest Caselaw 560 Del

$~17
*IN THE HIGH COURT OF DELHI AT NEW DELHI
                                 Date of decision: February 18, 2021
+      CRL.M.C. 507/2021 & Crl.M.A. 2596/2021

       SHANWAZ & ORS.                               ..... Petitioner
                   Through:            Mr. Farhim Khan &
                                       Mr. Nasimuddin, Advocates
                                       with petitioners in person
                         Versus

       THE STATE (GOVT. OF N.C.T.) & ANR. ..... Respondents
                     Through: Mr.Izhar Ahmed, Additional
                               Public Prosecutor for
                               respondent No.1/State with SI
                               Ashish Kumar
                               Mr. Kunwar Narendera,
                               Advocate for respondent No.2
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                        JUDGMENT (ORAL)

%

1. Vide this petition, petitioners are seeking quashing of FIR

No.139/2017, under Sections 498A/406/34 IPC, registered at police

station Gokul Puri, New Delhi.

2. Notice issued.

3. Mr. Izhar Ahmed, 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 the parties, the present petition is taken

up for final hearing.

5. The marriage between petitioner No.1/husband and

respondent No.2/wife was solemnized on 25.02.2015 as per Muslim

Rites and Customs and due to temperamental differences, the

marriage could not work and they started living separately since

August, 2016. The matrimonial dispute between the parties

culminated into the FIR in question.

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

parties have amicably settled their matrimonial dispute in terms of

Settlement dated 11.02.2020 reached through Family Court,

Karkardooma Courts, Delhi.

7. Learned counsel for the petitioners submits that the marriage

between petitioner No.1 and respondent No.2 stands dissolved by a

mutual consent divorce on 19.02.2020 and as per Muslim Shariat

and the terms of settlement have been fully acted upon. It is so

affirmed by respondent No.2, who is also present in the Court.

8. 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.

9. For the reasons afore noted, FIR No.139/2017, under Sections

498A/406/34 IPC, registered at police station Gokul Puri, New

Delhi and consequent proceedings emanating therefrom against the

petitioners, are hereby quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application also stands disposed of.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 18, 2021 r