Syed Maseeha & ORS. v. State Of NCT Of Delhi & ANR.
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3276/2024 & CRL.M.A.12657/2024 SYED MASEEHA & ORS.
.....Petitioners Through:
Mr. Akshat Gogna, Ms. Riya Sara and Ms. Isha Ghai, Advocates.
versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Satinder Singh Bawa, APP for State with Insp. Ravi Kumar and SI Neelam, P.S.Sadar Bazar.
Mr. Samar Inam Khan, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 11.09.2024 1.
Petition under Section 482 Cr.P.C has been filed on behalf of the petitioners for quashing of FIR No.187/2015 dated 03.04.2015 under Section 498A/406/34 IPC registered at Police Station Sadar Bazar.
2.
Issue notice.
3.
Learned Additional Public Prosecutor appearing on advance notice, accepts notice on behalf of the State. 4.
Brief facts of the case are that on 28.10.2012 the marriage was solemnized between petitioner No. 1 and respondent No. 2 according to Islamic rites and ceremonies.
5.
It is stated that the parties entered into a Memorandum of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Settlement dated 07.12.2018, whereby both the parties amicably settled all the disputes and differences, and it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent.
6.
In view of the Memorandum of Settlement dated 07.12.2018, the present petition has been filed.
7.
The parties are present before this Court through VC today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.
8.
The parties have submitted that all the disputes have been amicably settled vide Memorandum of Settlement dated 07.12.2018 and thus, no fruitful purpose will be served in continuing with the FIR.
9.
The total sum of Rs.51,50,000/- agreed to be paid towards full and final settlement has already been paid by the petitioner to respondent No.2. The parties have taken Talaq on 18.02.2019. 10.
The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Memorandum of Settlement dated 07.12.2018 and they also submit that the said Compromise has been arrived at between the parties without any pressure and coercion. 11.
Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has no objection if the FIR is quashed. 12.
In view of the above facts that the parties have amicably The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 13.
Moreover, there is no legal impediment in quashing the FIR in question.
14.
Accordingly, FIR No.187/2015 dated 03.04.2015 under Section 498A/406/34 IPC registered at Police Station Sadar Bazar and all consequential proceedings emanating therefrom are quashed. 15.
The petition stands disposed of.
NEENA BANSAL KRISHNA, J SEPTEMBER 11, 2024 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.