Delhi High Court - Orders
Mohd Mujahid & Ors vs State (Govt Of Nct Of Delhi) Through Sho ... on 26 May, 2023
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3934/2023
MOHD MUJAHID & ORS. ..... Petitioners
Through: Mr. Osama Suhail and Ms. Pooja
Kesarwani, Advocates.
Petitioners in person.
versus
STATE (GOVT OF NCT OF DELHI) THROUGH SHO PS
CHANDANI MAHAL & ANR. ..... Respondents
Through: Mr. Raghuvinder Varma, APP for the
State with SI Vivek Kumar
Md. Afsar Alam, Adv. for R-2
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 26.05.2023
1. This is a petition under Section 482 Cr.P.C filed by the petitioners for quashing of FIR No. 80/2016, under Section 498A/406/34 IPC, registered at Police Station Chandni Mahal, Delhi and all proceedings emanating therefrom.
2. Issue notice. Learned APP 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 24.02.2012 according to Islamic Shariat rites and they lived together as husband and wife with each other. Two children were born 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 10:06:41 out of the said wedlock. After the marriage, the disputes and differences arose between them and they started living separately. On 05.04.2016, the respondent No.2 got the above said FIR registered against the petitioners.
4. Learned counsel for the petitioners submits that during the pendency of the trial, with the intervention of elderly persons, the respondent no. 2 and petitioner no. 1 have settled the matter amicably vide Settlement dated 05.09.2022, arrived at before the Mediation Centre, Delhi High Court, and have decided to live together. Copy of the settlement is already on record. Petitioner, who appears in Court states that he has purchased a house bearing No. H-218, Second Floor, J Extension Laxmi Nagar, New Delhi, which is in the joint name of petitioner and respondent no.2 and today they are going for Registry of the house, and they will start living together within 15 days.
5. Petitioners and respondent no.2 are present in Court today and they have been identified by their counsels. 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 petitioner no. 1 and has decided to live with her husband. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. 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.
5. Learned APP for the State submits that in view of the settlement and as the petitioner no. 1 and respondent no. 2 have decided to live together, the State has no objection if the FIR in question is quashed.
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 10:06:41
6. Keeping in view the above facts and circumstances, since the matter 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 of FIR No. 80/2016, under Section 498A/406/34 IPC, registered at Police Station Chandni Mahal, Delhi, and all proceedings emanating therefrom shall stand quashed.
7. The present petition stands disposed of accordingly.
RAJNISH BHATNAGAR, J MAY 26, 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 25/09/2023 at 10:06:42