Shahnaaz & ORS. v. State Of NCT Of Delhi & ANR.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 280/2024 SHAHNAAZ & ORS.

..... Petitioners Through:

Ms. Gunjan SInha Jain, Advocate with petitioners in-person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for the State with Ms. Madhav Rastogi & Mr.

Pradeep Singh Tomar, Advocates.

S.I. Manoj Kumar Tomar, P.S.: Sarai Rohilla.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 26.04.2024 1.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioners seeking quashing of FIR bearing No. 1264/2014, registered at Police Station Sarai Rohilla, Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟).

2.

Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

3.

Brief facts of the case are that, on 30.12.2007, Late Mr.Mohd. Kamil and respondent no. 2 got married as per Muslim rites and ceremonies, at New Delhi. It is stated that on the complaint of respondent no. 2, on 01.12.2014, an FIR bearing no. 1264/2014, was registered at Police Station Sarai Rohilla, Delhi, owing to marital discord and differences between the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

parties. It is further stated that on 25.05.2017, Late Mr. Mohd. Kamil and respondent no. 2 had executed a decree of Divorce and had arrived at a mutual settlement and amicably settled all the disputes and misunderstandings between them, out of their own free will and consent, without any pressure, coercion or undue influence. It is also stated that on 18.09.2023, the petitioners and respondent no. 2 had executed a Memorandum of Settlement and had arrived at a full and final settlement of the disputes. Hence, the petitioners have approached this Court, for the quashing of said FIR.

4.

On a query made by this Court, respondent no.2, who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Memorandum of Settlement dated 18.09.2023 entered into between them.

5.

Today, the complainant, who is present in Court states that she has no objection if the FIR is quashed.

6.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 7.

Accordingly, FIR bearing No. 1264/2014, registered at Police Station Sarai Rohilla, Delhi, for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The petition stands disposed of.

9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 26, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.