High CourtsSingle Bench(2024) 05 DEL CK 3901

Feroz Hasan & Ors. vs The State NCT Of Delhi & Anr.

Delhi High Court · Decided on 16 May 2024

HON’BLE JUDGES
Anoop Kumar Mendiratta, J
RESULT
Disposed Of
CASE NUMBER
CRL.M.C. 993/2024

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Judgment

9 paragraphs · 336 words

ANOOP KUMAR MENDIRATTA, J (ORAL)

1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No. 0562/2022, under Section 498A IPC registered at P.S.: Rajouri Garden and proceedings emanating therefrom. Chargesheet has been filed under Sections 498A/34 IPC.

2.

In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Muslim rites and ceremonies on 03.05.2019. A female child was born out of the wedlock. Due to temperamental differences, respondent No. 2 and petitioner No. 1 started living separately. On complaint of respondent No. 2 present FIR was registered on 17.09.2022.

3.

The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 24.01.2024 and they are residing together.

4.

Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.

5.

Petitioner No. 1 and respondent No. 2 are present and have been identified by SI Sanjay Kumar, PS: Rajouri Garden. Presence of petitioner Nos. 2 to 4 is exempted. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No.2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

6.

Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 0562/2020, under Section 498A/34 IPC registered at P.S.: Rajouri Garden and proceedings emanating therefrom stand quashed.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

A copy of this order be forwarded to learned trial court for information.