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High Court of DelhiCRL.M.C./1396/2024

Danish Ahmad v. State Of NCT Of Delhi & ANR.

2024-02-21Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1396/2024 DANISH AHMAD ..... Petitioner Through:

Mr.Manoj Kumar Sharma, Advocate with petitioner in person versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Ms.Kiran Bairwal, APP for the State with W/SI Deepa, PS Seelampur.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 21.02.2024 CRL.M.A. 5533/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 1396/2024 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 532/2018 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, registered at P.S.: Seelampur and proceedings emanating therefrom.

2.

Issue notice. Learned APP for the State and respondent No.2 in person appear on advance notice and accept notice. 3.

During the course of submissions, it is submitted by learned counsel for the petitioner that the parties have already obtained Talaq and the same The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2024 at 15:17:53

has been reflected in Talaknama/Compromise annexed with the petition. However, perusal of record reveals that in terms of Talaknama/Compromise dated 09.01.2024, it is mentioned that husband/petitioner shall orally announce for divorce on the same day of quashing of FIR. Respondent No.2 who is present in person also does not seem to be aware of the contents of the Compromise Deed/Talaqnama.

The petition has been presented without reflecting necessary details in body of petition.

4.

At this stage, learned counsel for the petitioner seeks to withdraw the petition with liberty to file afresh after reflecting necessary details and facts, in accordance with law.

Petition is accordingly dismissed as withdrawn. Pending application, if any, also stands disposed of.

ANOOP KUMAR MENDIRATTA, J FEBRUARY 21, 2024/v The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2024 at 15:17:53