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High Court of DelhiW.P.(CRL)/400/2025

Md Sajan & ORS. v. State Govt. Of NCT Of Delhi And ANR.

2025-03-03Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 400/2025 MD SAJAN & ORS.

.....Petitioners Through:

Ms. Jyoti Gulati, Advocate along with petitioners.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Yasir Rauf Ansari, ASC for the State.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 03.03.2025 CRL.M.A. 3609/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 400/2025 3.

The petitioners are before this Court, seeks to quash the FIR bearing No. 82/2017, registered at Police Station, Balaswa Dairy, Delhi, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter 'IPC').

4.

Issue notice. Mr. Yasir Rauf Ansari, learned ASC accepts notice on behalf of the State.

5.

All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Station, Balaswa Dairy, Delhi.

6.

Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized at Delhi on 08.12.2014, in accordance with Muslim rites. It is stated that due to various differences, disputes and issues had arisen between the petitioners and the respondent no.

2. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding (MoU) dated 13.01.2025. 7.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated that they have been living together since 13.01.2025. Therefore, she has no objection if the FIR is quashed. 8.

In view of the above, that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing No. 82/2017, registered at Police Station, Balaswa Dairy, Delhi, for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 3, 2025/VC Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.