Nafisa & ORS. v. The State Govt Of NCT Of Delhi & ANR.
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5413/2024 NAFISA & ORS.
.....Petitioners Through:
Mr. Mutiur Rehma, Adv.
versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through:
Mr Hitesh Vali APP with Mr Deepankar Kataria Advocate for State with SI Chandar Pal Singh, PS Farsh Bazar.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 05.08.2024 1.
This petition has been filed seeking quashing of FIR No. 218/2018 under Sections 498A, 406 & 34 IPC, registered at P.S Farsh Bazar, on the basis of settlement deed dated 06th July, 2024, which is on record of this Court.
2.
Zuber Khan was married to respondent no.2/complainant on 03rd May, 2016. Due to marital discord, they have been living separately and subsequently, the FIR was registered at the behest of the complainant. 3.
Pursuant to the previous order, Zuber Khan and co-accused Yusuf have been arrayed as respondent Nos.6 and 7, respectively. Zuber Khan and Yusuf are present through VC from the jail and duly identified by the IO and the counsel for the petitioner.
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 11:19:24
3.
Respondent No.2 is present in Court and confirms the settlement deed dated 06th July, 2024. She has no objection to the quashing of the FIR in terms of the settlement that she and her husband Zuber Khan have agreed to stay separately from the family of Zuber Khan and other conditions qua the family of Zuber Khan detailed in the said statement. 4.
Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 218/2018 under Sections 498A, 406 & 34 IPC, registered at P.S Farsh Bazar and proceedings emanating therefrom are quashed.
5.
Parties shall abide by the terms of settlement. 6.
Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
7.
Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 5, 2024/MK 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 11:19:24