IMRAN & ORS.  Vs THE STATE & ANR.

Crl.M.C. 24/2021 Page 1 of 4
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: January 19, 2021

+ CRL.M.C. 24/2021 & CRL.M.A. 95/2 021
IMRAN & ORS. ….. Petitioner
Through: Mr. Siddharth, Advocate with
petitioners in person

Versus

THE STATE & ANR. ….. Respondents
Through: Mr. Panna Lal Sharma,
Additional Public Prosecutor
for respondent No.1/ State
with Inspector Sanjeev
Mr. Raja & Mr. Shoiab
Haider, Advocates with
respondent No.2/complainant
in person
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT

JUDGMENT (ORAL)
% 19.01.2021
1. Vide the present petition, petitioners are seeking quashing of
FIR No.134/2019, under Sections 323/342/354/354-B/3 13/511/
376/34 IPC, registered at police station Jyoti Naga r, Delhi and all
other proceedings arising therefrom.
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Crl.M.C. 24/2021 Page 2 of 4
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Pro secutor
for State accepts notice and submits that responden t No.2 is present
in the Court and she has been identified as the com plainant of FIR in
question by the Investigating Officer of this case, who is also
present in the Court.
4. With the consent of learned counsel for the parties , the
present petition is taken up for final hearing.
5. The marriage between petitioner No.7/husband and
respondent No.2/wife was solemnized on 30.03.2017 a ccording to
Muslim Rites and ceremonies and the marriage could not work and
they started living separately since 27.04.2019. Th e dispute between
the parties culminated into the FIR in question.
6. The present petition has been filed on the ground t hat
matrimonial dispute between petitioner No.7 and res pondent No.2
has been amicably settled in terms of Memorandum of
Understanding dated 04.08.2020 and that they have o btained talaq/
divorce in the presence of witnesses, as per Shariyat on 30.09.2020.
7. Learned counsel for the petitioners submits that t he terms of
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Crl.M.C. 24/2021 Page 3 of 4
Memorandum of Understanding dated 04.08.2020 have b een acted
upon and the balance amount of Rs.12,50,000/- has b een paid to
respondent No.2/complainant today in the Court.
8. Learned counsel for petitioners further submits tha t minor
child Arhaan @ Abdullah born out of the wedlock of the parties is
in the custody of respondent No.2/mother and in ter ms of the
aforesaid settlement, custody of minor child Arhaan @ Abdullah has
to be handed over to petitioner No.7/husband.
9. Learned counsel for respondent No.2 informs that th e minor
child Arhaan @ Abdullah is present in the Court premises and
respondent No.2 is ready to hand over the custody o f minor child to
petitioner No.7.
10. Let custody of minor child Arhaan @ Abdullah be handed
over to petitioner No.7 by respondent No.2 in the p resence of
Investigating Office of this case today itself.
11. Keeping in view that the dispute between the parti es has been
amicably resolved, this Court is inclined to quash the FIR in
question, as no useful purpose would be served in c ontinuing with
the proceedings arising out of the present FIR.
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Crl.M.C. 24/2021 Page 4 of 4
12. For the reasons afore noted, FIR No.134/2019, regis tered at
police station Jyoti Nagar, Delhi and consequent pr oceedings
emanating therefrom are quashed.
13. The petition is accordingly allowed and disposed of .
14. The pending application also stand disposed of.
15. The order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT)
JUDGE
JANUARY 19, 2021
r

2021:DHC:211