High Court of DelhiCRL.M.C./3963/2016

Mohd Muzammil Ahmed v. State (NCT Of Delhi) & ORS

2016-10-24Hon'Ble Mr. Justice I.S.Mehta2 pages

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3963/2016 MOHD MUZAMMIL AHMED ..... Petitioner Through:

Mr.Abid Ibrahim, Adv.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr.G.M.Farooqui, APP for State with Sub Inspector Rajpal, Police StationUttam Nagar.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.10.2016 Crl.M.A.Nos.16589-16590/2016 (Exemption) Exemption granted, subject to all just exceptions. Applications stands disposed of.

CRL.M.C. 3963/2016 & Crl.M.A.16588/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.160/2011, under Section 363 IPC, registered at Police Station-Uttam Nagar, Delhi.

Learned counsel for the petitioner has submitted that respondent No.2 is the wife of petitioner and respondent No.3 is the mother-in-law of the petitioner. The petitioner and respondent No.2 got married and living as husband and wife till date and out of the wedlock two children are born.

Counsel for the petitioner further submitted that before the marriage, the mother-in-law who was not reconciling the marriage between the petitioner and respondent No.2 got the FIR No.160/2011, under Sections 363/366 IPC registered. Learned counsel for the petitioner has further submitted that since the petitioner and the respondent No.2 are living together as husband and wife, the respondent No.3/mother-in-law Smt.Rani has no objection if the present FIR in question is quashed as the matter was a family dispute and later the same has been settled between the parties. Respondent No.3/ complainant, Smt.Rani is present in Court today and is identified by the Investigating Officer, Sub Inspector Rajpal, Police Station Uttam Nagar. Respondent No.

3/complainant submits that she has no objection if the present FIR in question is quashed against the petitioner. Accordingly, keeping in view the facts and circumstances of the case, since the petitioner and the respondent No.2 are husband and wife and they are living as husband and wife and out of the wedlock two children have already been born, to meet the interest of justice, FIR No.160/2011, under Section 363 IPC, registered at Police Station-Uttam Nagar, Delhi and all proceedings emanating therefrom are quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J OCTOBER 24, 2016 'radhika'