Mohd Sameer @Mohd Sameer Pahalwan @ Muslim v. The State (NCT Of Delhi) & ANR.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9513/2024 MOHD SAMEER @MOHD SAMEER PAHALWAN @ MUSLIM .....Petitioner Through:

Mr. Abhishek Kumar, Adv.

versus THE STATE (NCT OF DELHI) & ANR.

.....Respondent Through:

Mr. Hitesh Wali, APP for State with ASI Anil Kumar, PS. Lajpat Nagar.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 24.02.2025

O R D E R

CRL.M.A. 36536/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 9513/2024 3.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.367/2023 under Sections 498A/406/34 IPC registered at Police Station Lajpat 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.

5.

The petitioner (husband), as well as, respondent no. 2 (wife), who are present in Court and they have been identified by their respective counsel, as well as, by the Investigating Officer ASI Anil Kumar, PS. Lajpat Nagar. 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 05/03/2025 at 14:47:55

6.

The brief facts of the case are that the respondent no.2 lodged a complaint with the police alleging that the petitioner and his family members committed domestic violence and raised demand of dowry, which culminated into the registration of present FIR.

7.

The petition is also supported by the affidavit of the respondent no.2, who affirms the fact that the petitioner and the respondent no.2 are now residing together.

8.

It is recorded in the affidavit also that the parties with the intervention of family and friends have resolved all their disputes amicably without any coercion or pressure.

9.

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

10.

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.

11.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

12.

Consequently, the petition is allowed and the FIR No.367/2023 under Sections 498A/406/34 IPC registered at Police Station Lajpat Nagar alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J FEBRUARY 24, 2025/dss 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 05/03/2025 at 14:47:55