Tuesday, September 17, 2024
Latest:
delhihighcourt

FEROZ HASAN AND ORS vs THE STATE NCT OF DELHI AND ANR

Information

$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16.05.2024
+ CRL.M.C. 993/2024
FEROZ HASAN AND ORS. ….. Petitioners
Through: Mr. Sandeep Yadav and Mr. Salekh Chand Yadav, Advocates with Petitioner No.1-in-person.
versus

THE STATE NCT OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with SI Sanjay Kumar, PS: Rajouri Garden.
Respondent No. 2 in person with Counsel.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
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.

ANOOP KUMAR MENDIRATTA, J.
MAY 16, 2024/R

CRL.M.C. 993/2024 Page 2 of 2