Delhi High Court - Orders
Md Hanif vs State (Gnctd) & Anr on 25 May, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3865/2023
MD HANIF ..... Petitioner
Through: Mr. Pushpreet & Ms. Sakshi,
Advocates alongwith Petitioner in
person.
Versus
STATE (GNCTD) & ANR. . .... Respondents
Through: Mr. Shoaib Haider, APP for the State
with SI Pravesh, P.S. Nihal Vihar.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 25.05.2023 CRL.M.A. 14501/2023 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application is disposed of accordingly.
CRL.M.C. 3865/20233. The present petition filed under Section 482 of the Cr.P.C. seeks quashing of FIR No. 192/2020, under Section 498-A of the IPC, registered at P.S. Nihal Vihar and and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Neetika Kapoor, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi.
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 25/09/2023 at 08:00:22
4. The marriage between petitioner/husband and respondent no.2/wife was solemnized on 20.05.2017 as per Muslim rites and ceremonies. No child was born out of the said wedlock.
5. Due to matrimonial differences between petitioner and respondent no. 2, the parties started residing separately since the year April, 2019. Subsequently, respondent no.2/complainant lodged an FIR against petitioner.
6. Learned counsel appearing on behalf of the petitioner submits that during the pendency of the aforesaid proceedings, the matter has been settled with respondent no. 2 vide Settlement dated 21.12.2022 before learned Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi. In pursuance thereof the petitioner had to pay a total sum of Rs. 50,000/- out which Rs. 10,000/- has already been paid and remaining Rs. 40,000/- to be paid at the time of quashing of the present FIR. It is further submitted that due to delay in payment, respondent no. 2 has filed a contempt petition being CONT. CASE(C) 658/2023, before the co-ordinate Bench of this Court, wherein it has been directed that the petitioner shall deposit a DD of Rs. 40,000/-. In pursuance thereof, a DD bearing no. 000671, dated 17.03.2023, of Rs. 40,000/- drawn on Axis Bank has been deposited.
7. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 07.02.2023 under Section 2(ix) of the Muslim Marriage Act, 1939 for dissolution of marriage, passed by Shri Virender Kumar Bansal, learned Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi.
8. Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, SI Pravesh, 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 25/09/2023 at 08:00:22 P.S. Nihal Vihar.
9. The complainant/respondent No.2 states that the matter has been settled with the petitioner and does not dispute the aforesaid facts. She further states that she has no objection if the present FIR is quashed. It is further stated that that all the terms of the settlement have been complied with.
10. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.
11. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
"61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
12. In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 192/2020, under Section 498-A of the IPC, registered at P.S. Nihal Vihar and and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Neetika Kapoor, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi.
13. In the interest of justice, the petition is allowed, and the FIR No. 192/2020, under Section 498-A of the IPC, registered at P.S. Nihal Vihar 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 25/09/2023 at 08:00:23 and and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Neetika Kapoor, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi, is hereby quashed.
14. Petition is allowed and disposed of accordingly.
15. Pending application(s), if any, also stand disposed of.
16. Order be given dasti under the signature of Court Master.
AMIT SHARMA, J MAY 25, 2023/bsr 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 25/09/2023 at 08:00:23