Fahim Ahmad & ORS. v. State & ANR.
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1400/2020 FAHIM AHMAD & ORS. ..... Petitioners Through : Mr.Mohammad Arif, Advocate with petitioners in person.
versus STATE & ANR. ..... Respondents Through : Ms.Rajni Gupta, Addl. PP for the State with SI Ashish Sharma, police station Welcome, Delhi in person.
Mr.Nabeel, Advocate for respondent No.2 in person with R2 in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
O R D E R
% 13.03.2020 CRL.M.A.No.5397/2020 Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 1400/2020 Petitioners filed this petition under Section 482 Criminal Procedure Code for quashing of the FIR No.159/2018 under Section 406/498A/34 Indian Penal Code and Section 4 of the Dowry Prohibition Act registered at police station Welcome, Delhi against them and the proceedings emanating therefrom. The petitioner No.1 is husband and complainant/ respondent No.2/wife have settled their disputes amicably per MOU/Settlement Agreement /Mutual Agreement dated 26.12.2018, annexed with petition. Respondent No.2 has joined the matrimonial house with petitioner No.1 and they are living happily as a couple. The complainant/respondent No.2 is present along with learned
counsel and has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners and she has joined the company of petitioner No.1. The affidavit of respondent No.2 is at pages No.24-26 and she has no objection if the FIR is quashed against the petitioners.
The learned APP for the State has also no objection, if this petition is allowed. Considering the above settlement between the parties, there is no justification to proceed with the criminal case as complainant has joined the company of her spouse. Accordingly, the petition is allowed. Consequently, FIR No.159/2018 under Section 406/498A/34 Indian Penal Code and Section 4 of the Dowry Prohibition Act registered at police station Welcome, Delhi and the proceedings emanating therefrom is quashed. No order as to costs. Order dasti.
YOGESH KHANNA, J.
MARCH 13, 2020 M