Delhi High Court
Noushad @ Nazim & Ors. vs The State Nct Of Delhi And Anr. on 23 January, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23.01.2024
+ CRL.M.C. 537/2024
NOUSHAD @ NAZIM & ORS. ..... Petitioners
Through: Mr.Manjeet Singh Rathorm,
Mr.Mukesh Kumar Tripathi,
Mr.Hemant Baisla and Mr.Hemant
Kumar Niranjan, Advocates with
petitioners in person.
versus
THE STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Ms.Kiran Bairwa, APP for State with
SI Sita Ram, PS Karawal Nagar.
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 has been preferred on behalf of the petitioners under Section
482 Cr.P.C for quashing of FIR No. 529/2019 under Sections 498A/406/34
IPC & Section 4 of Dowry Prohibition Act, registered at P.S.: Karawal
Nagar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State/respondent No.1 and
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
ceremonies on 26.05.2013. Two children were born out of the wedlock. Due
to temperamental differences, respondent No.2 and petitioner No.1 could not
live together and on the basis of complaint of respondent No.2, present FIR
was registered.
4. The matter is stated to have been mutually settled between the parties
with the interevention of family members and well wishers in terms of
settlement deed dated 09.05.2023 and are residing together since June, 2020.
5. Learned APP for the State submits that in view of amicable settlement
arrived 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 in the
Court today and have been identified by SI Sita Ram, PS: Karawal Nagar.
I have interacted with the parties and they confirm that the matter has
been mutually 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. 529/2019 under Sections 498A/406/34 IPC &
Section 4 of Dowry Prohibition Act, registered at P.S.: Karawal Nagar and
the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also
stands disposed of.
A copy of this order be forwarded to the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
JANUARY 23, 2024/v
