Delhi High Court - Orders
Sheikh Dil Islam & Anr vs The State Nct Of Delhi & Anr on 13 October, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7538/2023 & CRL.M.As. 28072/2023
SHEIKH DIL ISLAM & ANR. ..... Petitioners
Through: Mr. Alamgir, Advocate with
petitioners in person.
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Utkarsh, APP for State/R-1 with
ASI Raghuraj, P.S. Seemapuri.
Mr. Dinesh Prasad Pandey, Advocate
for R-2 with R-2 in person.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 13.10.2023
1. The present petition is filed under Section 482 Cr.P.C. for quashing of FIR bearing no. 0044/2021 dated 30.01.2021 registered under sections 498A/406/34 IPC at P.S. Seemapuri along with consequential judicial proceedings.
2. Issue notice.
3. Mr. Utkarsh, Additional Public Prosecutor assisted by the Investigating Officer ASI Raghuraj, P.S. Seemapuri, accepts notice on behalf of the State/respondent no. 1. The respondent no. 2 is present in person along with the counsel and accepts notice.
4. The petitioner no. 1 and respondent no. 2 got married on 01.09.2018 at Delhi according to Muslim rites and ceremonies and out of their marriage, one girl child was born.
5. The respondent no. 2 due to matrimonial differences, got registered 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 18/10/2023 at 21:11:58 FIR bearing no. 0044/2021 under sections 498A/406/34 IPC at P.S. Seemapuri wherein the petitioners were implicated. The petitioner no. 2 is the father of the petitioner no. 1. The petitioners and the respondent no. 2 are identified by the Investigating Officer ASI Raghuraj, P.S. Seemapuri and their respective counsel. After conclusion of investigation, the charge-sheet was filed and the trial is stated to be pending in the court of Ms. Israt Zaidi, MM, Karkardooma Courts, Delhi/Successor Courts.
6. The petitioner no. 1 and respondent no. 2 have settled their pending disputes vide Memorandum of Understanding/Settlement Deed dated 09.10.2023 and are living together in their matrimonial home along with the minor child since more than one year with mutual love, affection and understanding.
7. The respective counsel for the petitioners and the respondent no. 2 stated that the petitioner no. 1 and the respondent no. 2 are living together since more than one year after addressing their pending disputes with mutual love, affection and understanding as such, the present petition be allowed and FIR bearing no. 0044/2021 be quashed along with consequential judicial proceedings.
8. The respondent no.2 stated that she has settled with the petitioners out of her own free will and without any force, fear or coercion and is living together with petitioner no.1 since more than one year with mutual love, affection and understanding as such, she does not have any objection if the present petition is allowed and FIR bearing no.0044/2021 along with consequential judicial proceedings is quashed.
9. The Additional Public Prosecutor for the State/respondent no. 1 stated that under the given facts and circumstances of the case, he does not have 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 18/10/2023 at 21:11:58 any objection if the present petition is allowed and FIR bearing no.0044/2021 is quashed along with consequential judicial proceedings.
10. The petitioner no. 1 and the respondent no. 2 have already settled their pending disputes vide Memorandum of Understanding/Settlement Deed dated 09.10.2023 and are living together since more than one year along with the minor child in their matrimonial home with mutual love, affection and understanding. No useful purpose shall be served if the proceedings arising out of the present FIR are allowed to be continued. After considering all facts, the present petition is allowed and FIR bearing no. 0044/2021 dated 30.01.2021 registered under sections 498A/406/34 IPC at P.S. Seemapuri is quashed along with consequential proceedings including judicial proceedings stated to be pending in the court of Ms. Israt Zaidi, MM, Karkardooma Courts, Delhi/Successor Courts.
11. The present petition along with pending application, stands disposed of.
DR. SUDHIR KUMAR JAIN, J OCTOBER 13, 2023 N/SM 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 18/10/2023 at 21:11:59