Ikram & ORS. v. State NCT Of Delhi And ORS
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4265/2024 & CRL.M.A. 16217/2024 IKRAM & ORS.
.....Petitioners Through:
Appearance not given.
versus STATE NCT OF DELHI AND ORS .....Respondents Through:
Ms. Kiran Bairwa, APP for State with SI Neha Poonia, PS. M.S. Park and SI Veena, PS. CAW Cell.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 06.03.2025 1.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.242/2020 under Sections 498A/406/34 IPC (subsequently, offences were also invoked under Sections 342/376/313/325/506/354 IPC) registered at Police Station Mansarovar Park and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2.
Notice was issued in the present petition on 24.05.2024. 3.
The learned APP submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. 4.
The petitioner no.1 (husband) and the petitioner nos. 2 to 4, who are close relatives of petitioner no.1, as well as, respondent no. 2 (wife), who are present in Court and they have been identified by their respective counsel, as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
well as, by the Investigating Officer SI Neha Poonia, PS. M.S. Park and SI Veena, PS. CAW Cell.
5.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 14.03.2002 according to Muslim Rites and Customs. Out of the said wedlock, seven children were born namely Mohd. Kaif, Baby Iqra, Baby Rahat, Baby Arzoo, Baby Maisa, Baby Laisa and Master Umar.
6.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 29.05.2020. The dispute between the parties also led to the registration of present FIR. 7.
During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding/Compromise Deed dated 06.05.2024, which is annexed as Annexure P-4 to the present petition. 8.
It is borne out from the settlement that the petitioner no.1 and respondent no.2 have decided to reside together as husband and wife. The petitioner no.1 and the respondent no.2, who are present in Court and affirms the fact that now they are residing together. 9.
It is a term of the settlement that the parties with the intervention of family and friends have resolved all their disputes amicably without any coercion or pressure.
10.
It is also a term of the settlement that the respondent no.2 will cooperate with the petitioners for the quashing of the present FIR. 11.
The respondent no.2, on a query posed by the Court, affirms the factum of settlement and states that she has no objection in case the FIR is quashed. 12.
In view of the fact that the parties have arrived at a settlement, no useful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
13.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
14.
Consequently, the petition is allowed and the FIR No.242/2020 under Sections 498A/406/34 IPC (subsequently, offences were also invoked under Sections 342/376/313/325/506/354 IPC) registered at Police Station Mansarovar Park alongwith all other proceedings emanating therefrom, is quashed.
15.
The petition stands disposed of in the above terms. 16.
Order be uploaded on the website of this Court. VIKAS MAHAJAN, J MARCH 6, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.