Mahboob Alam & ANR. v. State & ANR.

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 943/2020 MAHBOOB ALAM & ANR.

..... Petitioners Through:

Mr.

Arif Shakeel, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Ms. Rajni Gupta, APP for the State with SI Vishal Tiwari, PS Hauz Khas.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 19.02.2020 Crl. M.A. No. 3815/2020 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 943/2020 1.

This is a petition under Section 482 Cr.P.C. for quashing of FIR No.668/2016, under Sections 498A/406/34 IPC registered at Police Station-Hauz Khas, District South, Delhi, and all proceedings emanating therefrom.

2.

Issue notice.

Learned APP for the State, who appears on advance notice, accepts notice.

Respondent No. 2, who appears in person, accepts notice.

3.

The brief facts of the case are that petitioner No.1 and

respondent No. 2 got married on 27.03.2012 according to Muslim rites, shariat and customs and they lived together as wife and husband with each other. After the marriage, some disputes and differences arose between them and they started living separately. On 17.09.2020, respondent No.2 got the above said FIR registered against the petitioners.

4.

Counsel for the petitioners submits that during the pendency of the trial, the petitioners and respondent No.2 have settled the matter amicably and they are living together happily. 5.

Respondent No.2 is present in Court today and she has been identified by the IO. Respondent No.2 admits that she has settled the matter amicably with the petitioners and is living with petitioners happily. She further submits that the settlement has taken place voluntarily, without any force, pressure or coercion. She submits that nothing remains to be adjudicated further between them and respondent no. 2 has no objection if the FIR in question is quashed. 6.

Learned APP for the State submits that in view of the settlement, the State has no objection if the FIR in question be quashed.

7.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and they are living together, no useful purpose will be served by keeping the case pending.

It will be nothing but abuse of the process of law. Consequentially, this petition is allowed and FIR No.668/2016, under Sections 498A/406/34 IPC registered at Police Station-Hauz Khas, District South, Delhi, and the proceedings emanating therefrom are

hereby quashed.

8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 19, 2020 AK