Abdul Fahim & Ors. vs The State Of Delhi Nct Of Delhi & ...
2021 Latest Caselaw 717 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 01.03.2021

+     CRL.M.C. 247/2021
      ABDUL FAHIM & ORS.                                  .... Petitioners
                         Through       Mr. Mohammad Shahbaz, Adv.

                         versus

      THE STATE OF DELHI NCT OF DELHI & ANR. .... Respondents
                    Through  Mr. G.M. Farooqui, APP for State
                             with SI Habeeb, PS Hauz Qazi, Delhi
                             R-2 in person

      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

Crl. M.A. 1276/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

CRL.M.C.247/2021

3. Vide the present petition, petitioners seek direction for quashing of

FIR No.169/2017, registered at Police Station Hauz Qazi, Delhi and

consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2

present in Court through video conferencing and with the consent of counsel

for parties, present petition is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 26.01.2015 as per

Muslim rites and rituals. Due to extreme incompatibilities between

petitioners and respondent no.2, the dispute arose between them. Petitioner

no.1 and respondent no.2 entered into an amicable settlement before Delhi

Mediation Centre, Tis Hazari Courts, Delhi vide Settlement dated

07.05.2019. As per the settlement, petitioner no.1 has already given divorce

to respondent no.2 as per Shariat Law, which has already been accepted by

her.

7. Complainant/respondent no.2 is present in person through video

conferencing and has been identified by SI Habeeb and submits that matter

has been settled and she does not wish to prosecute the matter any further.

8. Taking into account the aforesaid facts, this Court is inclined to quash

FIR as no useful purpose would be served in prosecuting petitioners any

further.

9. For the reasons afore-recorded, FIR No.169/2017, registered at Police

Station Hauz Qazi, Delhi and consequent proceedings emanating therefrom

are quashed.

10. The petition is, accordingly, allowed and disposed of.

(SURESH KUMAR KAIT) JUDGE MARCH 1, 2021 rk