Mohd. Abid @ Md. Abid & ORS. v. State Govt Of NCT Of Delhi & ANR.

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3189/2024 MOHD. ABID @ MD. ABID & ORS.

.....Petitioners Through:

Mr.Mohd. Ataher Khan, Mr.Ankit Kumar and Mr.Mohit Kumar Saxena, Advocates versus STATE GOVT OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr.Sanjay Lao, Standing Counsel with Mr.Abhinav Kumar Arya and Ms.Priyam Agarwal, Advocates for State with SI Munfaij, PS Jamia Nagar

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 15.10.2024 CRL. M.A. Nos. 30869/2024 and 30870/2024 (Exemption) Exemptions allowed, subject to all just exceptions. The applications stand disposed of.

W.P.(CRL.) 3189/2024 and CRL.M.A. No.31058/2024 (Stay) 1.

The present petition under Section 482 of the Code of Criminal Procedure, 1978 ("CrPC") 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 ("BNSS") has been filed by the petitioners seeking quashing of FIR No. 334/2013 dated 01st July 2013 registered at Police Station Jamia Nagar under Sections 498-A/406/34 of the Indian Penal Code, 1860, ("IPC") on the basis of a settlement dated 13th August 2024 ("Settlement Agreement") 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 04/07/2025 at 03:31:43

arrived at between the parties which is annexed as Annexure P-4 to this petition.

2.

Petitioner Nos.1 to 3, namely Mohd. Abid @ Md.Abid, Mohd.Arif @ Guddu, and Mohd.Salman @ Salman and the respondent No.2, namely Shehnaz are present before this Court and duly identified by the Investigating Officer.

3.

As per the settlement, petitioner No.1 and respondent No.2 have amicably resolved their disputes and have agreed to live together in peace and harmony with respective families.

4.

Respondent No.2, in reply to a specific Court query, submitted that in terms of the settlement agreement, she does not oppose the prayer made by the petitioners seeking quashing of the FIR.

5.

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 FIRs as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petitions are allowed.

6.

In view of the above, FIR No. 334/2013 under Sections 498-A/406 of IPC registered at Police Station Jamia Nagar and all proceedings emanating therefrom qua the Petitioners are quashed. Parties shall be bound by the terms of the settlement.

7.

Pending application(s) also stands disposed of. 8.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 15, 2024/sv/sc 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 04/07/2025 at 03:31:43