Nawab Beg & ORS. v. The State & ANR.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8951/2023 & CRL.M.As. 33497/2023 NAWAB BEG & ORS.

..... Petitioners Through:

Mr. Abhas Khan, Advocate with petitioners through VC.

versus THE STATE & ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with Respondent No.2 through VC.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.03.2024 CRL.M.A.33498/2023 (delay in re-filing) 1.

By way of present application filed under Section 482 Cr.P.C., the petitioners seek condonation of delay of 6 months and 12 days in re-filing the petition.

2.

Issue notice. Learned APP for the State accepts notice. 3.

For the reasons stated in the application, the same is allowed and the delay of 6 months and 12 days in re-filing the petition is condoned. 4.

The application is disposed off.

CRL.M.C.8951/2023 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 293/2017 registered under Sections 498A/406/34 IPC at P.S. Bhajanpura, Delhi on the ground that the parties have amicably settled their disputes.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No. 1 (husband) whereas petitioner Nos. 2 to 5 are the in-laws of the complainant. 3.

Mr. Sanjeev Sabharwal, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the only complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Settlement Deed dated 08.05.2023. It is further stated that petitioner No.1 and respondent No.2 have already taken divorce as per Muslim rites and rituals. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the petitioners. 5.

Petitioners, who have joined the proceedings through V.C., have been identified by their counsel as well as by I.O. Respondent No.2, who has also joined the proceedings through V.C., has been identified by the I.O. 6.

Respondent No. 2, states that she has settled her disputes with the petitioners of her own free will, volition and without any coercion. She also submits that she has no objection in case the FIR is quashed against the petitioners.

7.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements and undertaking made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

With the above directions, the petition is disposed of alongwith miscellaneous applications.

MANOJ KUMAR OHRI, J MARCH 6, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.