Delhi High Court - Orders
Mohd Sajid Saifi & Ors vs State (Nct Of Delhi) & Anr on 6 September, 2023
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2582/2023
MOHD SAJID SAIFI & ORS. ..... Petitioners
Through: Mr. Dhananjay Sehrawat, Ms.
Ramisha Jain, Mr. Akansha
Chaudhary, Advocates.
Petitioners in person.
versus
STATE (NCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Rupali Bandhopadya, ASC for
the State.
Mr. Rajuddin Khan, Advocate for R-2
with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 06.09.2023 CRL.M.A. 24349/2023 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(CRL) 2582/2023
1. This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.632/2020, under Sections 498A/406/34/323/342/376/377/506 IPC and Section 3/4 of Dowry Prohibition Act and Section 4 of Muslim Women (Protection of Rights on Marriage) Act, registered at Police Station Dayalpur, Delhi, and all proceedings emanating therefrom.
This is a digitally signed order.
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 16/09/2023 at 17:15:57
2. Issue notice. Learned ASC appears on advance notice, and accepts notice.
3. The brief facts of the case are that the petitioner No.1 and respondent No.2 got married on 29.11.2018 according to Sunni Hanfi Muslim Rites and Ceremonies and they lived together as husband and wife with each other. Thereafter, the disputes and differences arose between them and they started living separately since. On 21.11.2020, the respondent No.2 got the above said FIR registered against the petitioners.
4. Counsel for the petitioners submits that during the pendency of the trial, on 16.12.2021, the parties have entered into a settlement and on 07.02.2023 respondent no.2 has obtained divorce according to Muslim Law in the form of Talaq-E-Mubarrat (Khula) from petitioner no.1, copy of which is already on record.
5. Petitioners and respondent no.2 are present in Court today and they have been identified by the IO. I have interacted with the parties and they submit that they have settled their disputes. Respondent No.2 admits that she has settled the matter amicably with the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. As per settlement, today, a demand draft of Rs. 2,00,000/- (bearing no. 874506 dated 24.08.2023 drawn on IDFC First Bank.) has been handed over to respondent no.2. Respondent No.2 submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed.
6. Learned ASC for the State submits that in view of the settlement, the State has no objection if the FIR in question be quashed.
7. Keeping in view the above facts and circumstances, since the matter This is a digitally signed order.
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 16/09/2023 at 17:15:57 has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law. Consequentially, this petition is allowed and FIR No.632/2020, under Sections 498A/406/34/323/342/376/377/506 IPC and Section 3/4 of Dowry Prohibition Act and Section 4 of Muslim Women (Protection of Rights on Marriage) Act, registered at Police Station Dayalpur, Delhi, and the proceedings emanating therefrom shall stand quashed.
8. The present petition stands disposed of accordingly.
RAJNISH BHATNAGAR, J SEPTEMBER 6, 2023/ib This is a digitally signed order.
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 16/09/2023 at 17:15:57