Mohd. Faisal & ORS. v. The Stae & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2584/2024 & CRL.M.A. 9867/2024 MOHD. FAISAL & ORS.

..... Petitioners Through:

Mr. Mohit Dhama, Adv.

versus THE STAE & ANR.

..... Respondents Through:

Mr. Raj Kumar, APP for State with SI Abhishek, PS. Jyoti Nagar.

Mr. Vipin Gupta, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 02.04.2024

O R D E R

CRL.M.A. 9866/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2584/2024 3.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.564/2015under Sections 498A/406/34 IPC and Sections 4/5 of Dowry Prohibition Act, 1961 registered at Police Station Jyoti Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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

5.

The petitioner no.1 (husband) and the petitioner nos. 2 to 6, who are close relatives of petitioner no.1, as well as, respondent no. 2 (wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Abhishek, PS. Jyoti Nagar. 6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 27.04.2014 according to Muslim Rites and Customs. Out of the said wedlock, one girl child was born.

7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 06.06.2014. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Deed dated 17.03.2023, which is annexed as Annexure B to the present petition.

9.

It is borne out from the settlement that the petitioner no.1 and respondent no.2 have decided to reside together as husband and wife. The petitioner no.1 and the respondent no.2, who are present in Court affirm that now they are residing together.

10.

The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

11.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

12.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.

Consequently, the petition is allowed and the FIR No.564/2015under Sections 498A/406/34 IPC and Sections 4/5 of Dowry Prohibition Act, 1961 registered at Police Station Jyoti Nagar alongwith all other proceedings emanating therefrom, is quashed.

14.

The petition stands disposed of in the above terms. 15.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J APRIL 2, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.