← Library
High Court of DelhiCRL.M.C./5309/2024

Mohsin Khan And Others v. State NCT Of Delhi And ANR.

2024-07-15Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5309/2024 MOHSIN KHAN AND OTHERS .....Petitioners Through:

Mr. Chinmaya Sejwal, (D-4638/2018) Advocate with Petitioners-in-person versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State SI Parveen Kumar PS Malviya Nagar Mr. M Hasibuddin, Ms. Nisha, Advocates for R-2 with Respondent No.2 in peron

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 15.07.2024 CRL.M.A. 20309/2024 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 5309/2024 1.

The present petition under Section 482 CrPC has been filed by the Petitioners for quashing FIR No.157/2023 dated 24.03.2023 registered at Police Station Malviya Nagar for offences punishable under Sections 498A, 406, 34 IPC on the ground that the parties have amicably resolved their disputes and started living together happily. The present FIR is the outcome of a matrimonial dispute between the parties. 2.

It is stated that the parties have amicably resolved their disputes and have mutually agreed to reside together along with their minor son. It is CRL.M.C. 5309/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:05:56

stated by the Complainant/Respondent No.2 that she does not have any objection if the present FIR against the Petitioners is quashed. Respondent No.2 has also filed an affidavit stating that they are happily living together and now there is no dispute between them and she has no objection to the quashing of the present FIR.

3.

The Petitioners and Respondent No.2 are present in Court today. The parties have been identified by the Investigating Officer. Respondent No.2 states that she has settled all her disputes with the Petitioners and started living together out of her own free will, without pressure, coercion or undue influence. The parties undertake that they will remain bound by the proceedings recorded before this Court.

4.

The parties have started living together happily. The FIR arises out of a matrimonial dispute. The instant case is squarely covered by the law laid down by the Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC

303. This Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.157/2023 dated 24.03.2023 registered at Police Station Malviya Nagar for offences punishable under Sections 498A, 406, 34 IPC and the proceedings emanating therefrom are hereby quashed.

5.

The petition stands disposed of in the above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J JULY 15, 2024 hsk CRL.M.C. 5309/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:05:56