Owais Siddiqui @ Ubesh & ORS v. State Of NCT Delhi & ANR

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1761/2018, CRL.M.A. 10943/2018 OWAIS SIDDIQUI @ UBESH & ORS .....Petitioners Through:

Mr. Raj Kumar and Mr. Girish Sharma, Advocates (through VC) versus STATE OF NCT DELHI & ANR .....Respondents Through:

Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates for the State alongwith SI Gaurav, P.S. Kalyanpuri

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 22.08.2025 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioners seeking quashing of FIR No. 0849/2014 registered under Sections 498A/406/34 IPC at P.S. Kalyan Puri and all the proceedings emanating therefrom, in terms of the Settlement dated 18.04.2017.

2.

Brief facts of the case are that the marriage between Petitioner/husband and the Respondent No. 2/wife was solemnized on 02.03.2011, according to the Muslim rites and ceremonies and no child was born out of the said wedlock. Due to temperamental issues, the Petitioner/husband and the Respondent No. 2 are residing separately since 12.10.2012.

3.

It is further submitted that on 17.09.2014, on the basis of complaint The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

made by the Respondent No. 2, an FIR No. 0849/2014 under Sections 498A/406/34 IPC was registered at P.S. Kalyan Puri. 4.

The quashing petition has been filed in 2018 but the Respondent No.2 has failed to appear since then. On the last date, the service was directed to be effected through the IO.

5.

Status Report has been submitted stating that the Respondent No. 2 has got married and is pregnant by 05 months. Her brother has stated that time may be given. Pertinently, since 2018 the Respondent No. 2 has not been appearing.

6.

There is a Settlement dated 18.04.2017 after which, not only the divorce been taken but also both, the Petitioner No. 1 as well as the Respondent No.2 has got married. Clearly, they have acted upon the Agreement. Nothing more survives in the present case. 7.

In view of the Settlement dated 18.04.2017, the present Petition has been filed.

8.

In the light of the Settlement dated 18.04.2017 and the fact that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

9.

Moreover, there is no legal impediment in quashing the aforesaid FIR in question.

10.

Accordingly, FIR No. 0849/2014 registered under Sections 498A/406/34 IPC at P.S. Kalyan Puri and all consequential proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

emanating therefrom are quashed.

11.

The Petition alongwith pending Applications, if any, is disposed of accordingly.

NEENA BANSAL KRISHNA, J AUGUST 22, 2025 N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.