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High Court of DelhiCRL.M.C./1004/2025

Nadeem And ORS. v. State Of NCT Of Delhi And ANR

2025-07-02Joint Registrar(Judicial) Bhawani Sharma3 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1004/2025 NADEEM AND ORS.

.....Petitioners Through:

Ms.

Sonika Tyagi, Advocate alongwith petitioners in person versus STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Anugraha and SI Gobind Sahai Ms. Shashi Bala, Advocate for R-2 alongwith R-2 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 02.07.2025 CRL.M.A. 4636/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.A. 4637/2025 (delay of 4 months and 15 days) 3.

By way of the present application, the appellant seeks condonation of delay of 4 months and 15 days in re-filing the present petition. 4.

For the reasons stated in the application, the same stands allowed. The delay of 4 months and 15 days in re-filing the present petition stands condoned.

5.

Application stands disposed of.

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

CRL.M.C. 1004/2025 6.

By way of the present petition, the petitioners seek quashing of FIR bearing no. 304/2016, registered at Police Station Welcome, Delhi for the commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter 'IPC') and Section 4 of the Dowry Prohibition Act, 1961 (hereafter 'D.P. Act').

7.

The petitioners and respondent no. 2 have appeared before this Court in person. They have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Welcome, Delhi. 8.

Briefly stated, facts of the present case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 27.09.2014 as per the Muslim rites and customs. No child was born out of their wedlock. After some time, due to some temperamental differences, both the parties could not reside with each other and started living separately from each other since 16.02.2016. Thereafter, respondent no. 2 had filed a complaint against the petitioners before the concerned Police Station which culminated into the present FIR. After investigation, the chargesheet was filed before the concerned Court.

9.

It is stated that both the parties have amicably settled the present matter vide Settlement Deed dated 21.03.2024, entered between them. In terms of the settlement, an amount of Rs.2,00,000/- by way of Demand Draft bearing No. 007128 dated 25.06.2025 has been handed over to the complainant by the petitioners in the Court today. 10.

On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Respondent no. 2 further states that she has no objection if the present FIR is quashed. 11.

In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and 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. 12.

Accordingly, FIR bearing no. 304/2016, registered at Police Station Welcome, Delhi for the commission of offence punishable under Sections 498A/406/34 of IPC and Section 4 of the D.P. Act and all consequential proceedings emanating therefrom are quashed.

13.

In view of the above, the present petition stands disposed of. 14.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 02, 2025/ns 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.