Delhi High Court
Ikram Husain@Akram Hussain & Ors. vs The State Govt Of Nct Of Delhi & Anr. on 28 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28.02.2024
+ CRL.M.C. 1640/2024
IKRAM HUSAIN @ AKRAM HUSSAIN & ORS. ..... Petitioners
Through: Mr. Ashish Verma and Mr. Mohd.
Azeem Khan, Advocates with
Petitioners-in-person.
versus
THE STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Deepa, PS: Seelampur.
Mr. M. A. Ashraf, Advocate for R-2
with Respondent No. 2-in-person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
Exemption allowed, subject to just exceptions.
Application stands disposed of.
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
('Cr.P.C.') has been preferred on behalf of the petitioners for quashing of
FIR No. 0364/2013, under Sections 498A/406/34 IPC and Section 4 of
Dowry Prohibition Act, registered at P.S.: Seelampur, Delhi and the
proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 along with respondent No. 2 in person appear on advance
notice and accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner
No. 1 and respondent No. 2 was solemnized according to Muslim Rites and
Customs on 25.03.2010. A child was born out of the said wedlock, who is
presently in custody of respondent No. 2. Due to temperamental differences
between the parties, petitioner No. 1 and respondent No. 2 started living
separately since 03.04.2013. On complaint of respondent No. 2, present FIR
was registered on 24.08.2013.
4. The disputes are stated to have been amicably resolved between the
parties in terms of settlement deed dated 10.05.2022. The marriage between
petitioner No. 1 and respondent No. 2 has been dissolved by way of
Khulanama / Talaqnama dated 26.05.2022.
5. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIR in question is
quashed.
6. Petitioners as well as respondent No. 2 are present in person and have
been identified by SI Deepa, PS: Seelampur, Delhi. I have interacted with the
parties and they confirm that the matter has been amicably settled between
them without any threat, pressure or coercion. Respondent No. 2 also states
that nothing remains to be further adjudicated upon between the parties and
she has no objection in case the FIR in question is quashed.
7. Considering the facts and circumstances, since the matter has been
amicably settled between the parties, no useful purpose shall be served by
keeping the case pending. It would be nothing but an abuse of the process of
Court. Consequently, FIR No. 0364/2013, under Sections 498A/406/34 IPC
and Section 4 of Dowry Prohibition Act, registered at P.S.: Seelampur, Delhi
and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
A copy of this order be forwarded to the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 28, 2024/R
