Imran & Ors. vs The State & Anr.
2021 Latest Caselaw 199 Del

$~4
*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.

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

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.

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