Mr Shahid Ahmad And ORS. v. The State Govt. Of NCT Of Delhi And ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9989/2024 MR SHAHID AHMAD AND ORS.
.....Petitioners Through:
Mr. V.C. Bharti, Mr. Rajinder Gulati, Mr.
I.P.Singh and Ms.
Sakshi, Advocates versus THE STATE GOVT. OF NCT OF DELHI AND ORS.
.....Respondents Through:
Mr. Sanjay Lao, Standing Counsel for the State with SI Deepak, PS Budh Vihar Advocate for R-2 with R-2 & R-3 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 16.01.2025 1.
The present petition has been filed under Section 528 of the BNSS, 2023 seeking quashing of FIR No. 549/2022 under Sections 498A/406/34 IPC registered at Police Station Budh Vihar, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2.
Issue notice. The learned APP for the State accepts notice. He submits that since the present 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.
3.
The present FIR was registered at the instance of respondent no. 2 who is wife of respondent no. 3. The petitioners are stated to be family 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 27/01/2025 at 12:38:01
members of the husband of the complainant/respondent no. 2. 4.
The parties are present in the Court and they have been identified by their respective counsel and by the Investigating Officer /SI Deepak, Police Station Budh Vihar.
5.
During the pendency of the proceedings, the parties have entered into a settlement, the terms whereof were reduced into writing in the form of a Settlement Deed dated 20.02.2024, a copy of which is annexed as Annexure-B to the present petition 6.
As per terms of the settlement, the complainant/respondent no.2 is now residing with her husband (respondent no.3). 7.
The respondent no.2/complainant, who is present in Court, on a query posed by the Court, affirms the factum of settlement and states that she is happily living with her husband i.e. the respondent no.2 and that she has no objection in case the FIR is quashed.
8.
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.
9.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 10.
Consequently, the petition is allowed and the FIR No. 549/2022 under Sections 498A/406/34 IPC registered at Police Station Budh Vihar, New Delhi alongwith all other proceedings emanating therefrom, is quashed. 11.
The petition stands disposed of in the above terms. VIKAS MAHAJAN, J JANUARY 16, 2025/'rs'
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 27/01/2025 at 12:38:01