Aabid Ali & Ors. vs State & Anr.
2024 Latest Caselaw 4947 Del

Delhi High Court

Aabid Ali & Ors. vs State & Anr. on 31 July, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~21
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                                Date of Decision: 31.07.2024
                          +      CRL.M.C. 1443/2024
                                 AABID ALI & ORS.                                   ..... Petitioners
                                                 Through:         Mr.Gaurav     Sharma        (DHCLSC),
                                                                  Advocate with petitioners in person.
                                                versus
                                 STATE THROUGH SHO
                                 P.S. SONIA VIHAR & ANR                              .....Respondents
                                                Through:          Ms.Meenakshi Dahiya, APP for State
                                                                  with Mr.Jatin Raheja, Mr.Nikhil
                                                                  Malhotra,     Mr.Pushkar      Khatana,
                                                                  Mr.Vishal Tanwar, Mr.Nitin Soni,
                                                                  Mr.Ashok Hooda, Mr.Akash Khatri
                                                                  and Mr.S. Nanda, Advocates with SI
                                                                  Divya, P.S. Sonia Vihar.
                                                                  Mr.Akshay Chandra (DHCLSC) and
                                                                  Mr.Vishal Tanwar, Advocates for
                                                                  respondent No.2.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                          %                         JUDGMENT
                          ANOOP KUMAR MENDIRATTA, J (ORAL)

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. 0097/2018, under Sections 498A/406/34 IPC registered at P.S.:

Sonia Vihar and proceedings emanating therefrom.

2. In brief, as per the case of the petitioners, marriage between petitioner No.1 and respondent No. 2 was solemnized according to Muslims rites and ceremonies on 19.10.2014. No child was born out of the wedlock. Due to temperamental differences, petitioner No.1 and respondent No.2 started

living separately. On complaint of respondent No. 2, present FIR was registered on 02.05.2018.

3. The disputes have been amicably settled between the parties and petitioner No. 1 is stated to have divorced respondent No. 2.

4. Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.

5. Petitioners and respondent No. 2 are present in person and have been identified by SI Divya, P.S.: Sonia Vihar. 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.

6. 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. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0097/2018, under Sections 498A/406/34 IPC registered at P.S.: Sonia Vihar 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 learned Trial Court for information.

ANOOP KUMAR MENDIRATTA, J.

JULY 31, 2024/v