Mohd. Daud Ahmad v. The State Of N.C.T. Of Dethi And ANR
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4662/2024 MOHD. DAUD AHMAD .....Petitioner Through:
Mr.
Matloob Alam, Adv.
with petitioner (through VC) versus THE STATE OF N.C.T. OF DETHI AND ANR .....Respondents Through:
Ms. Kiran Bairwa, APP for State with SI Yashpal Singh PS CWC Nank Pura, New Delhi Mr. M.N. Siddiqui, Adv. for R-2 with R-2 (through VC)
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 20.02.2025 CRL.M.A. 5539/2025 (by respondent no.2 to place on record deed of divorce) 1.
The present application has been filed placing on record the deed of divorce by way of Khulanama executed on 21.01.2025. 2.
For the reasons mentioned in the application, the same is allowed. 3.
The deed of divorce is taken on record.
4.
The application stands disposed of.
CRL.M.C. 4662/2024 5.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0068/2018 under Sections 498-A IPC registered at Police The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Station CWC Nanakpura, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
6.
Issue notice. The learned APP for the State accepts notice. She 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.
7.
The petitioner (former husband), as well as, respondent no. 2 (former wife) have joined through VC and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Yashpal Singh PS CWC Nank Pura, New Delhi.
8.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 05.05.1995 according to Muslim Rites and Customs. Out of the said wedlock, one male child, namely, Rubeel Ahmad was born.
9.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 19.10.1999. The dispute between the parties also led to the registration of present FIR. 10.
During the pendency of the proceedings, the parties were referred to Mediation Centre, Saket Courts, New Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 22.05.2024, which is annexed as Annexure P-2 to the present petition. 11.
In terms of the said settlement, the parties decided to dissolve their marriage by way of deed of khula. Accordingly, the petitioner no.1 and respondent no.2 have executed a deed of khula dated 21.01.2025, which is annexed as Annexure A to the present petition. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
It is a term of the settlement that the respondent no.2 has waived of all her claims on account of permanent alimony, dowry articles, maintenance (past, present and future) etc.
13.
The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.
14.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
15.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
16.
Consequently, the petition is allowed and the FIR No.0068/2018 under Sections 498-A IPC registered at Police Station CWC Nanakpura, New Delhi alongwith all other proceedings emanating therefrom, is quashed. 17.
The petition stands disposed of in the above terms. 18.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J FEBRUARY 20, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.