NOUSHAD @ NAZIM & ORS. vs THE STATE NCT OF DELHI AND ANR.

$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23.01.2024
+ CRL.M.C. 537/2024
NOUSHAD @ NAZIM & ORS. ….. Petitioners
Through: Mr.Manjeet Singh Rathorm, Mr.Mukesh Kumar Tripathi, Mr.Hemant Baisla and Mr.Hemant Kumar Niranjan, Advocates with petitioners in person.

versus

THE STATE NCT OF DELHI AND ANR. ….. Respondents
Through: Ms.Kiran Bairwa, APP for State with SI Sita Ram, PS Karawal Nagar.
Respondent No.2 in person.

CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T

ANOOP KUMAR MENDIRATTA, J (ORAL)

CRL.M.A. 2119/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 537/2024
1. Petition has been preferred on behalf of the petitioners under Section 482 Cr.P.C for quashing of FIR No. 529/2019 under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, registered at P.S.: Karawal Nagar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State/respondent No.1 and respondent No.2 in person appear on advance notice and accept notice.
3. 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 26.05.2013. Two children were born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 could not live together and on the basis of complaint of respondent No.2, present FIR was registered.
4. The matter is stated to have been mutually settled between the parties with the interevention of family members and well wishers in terms of settlement deed dated 09.05.2023 and are residing together since June, 2020.
5. Learned APP for the State submits that in view of amicable settlement arrived between the parties, the State has no objection in case the FIR in question is quashed.
6. Petitioners as well as respondent No.2 are present in-person in the Court today and have been identified by SI Sita Ram, PS: Karawal Nagar.
I have interacted with the parties and they confirm that the matter has been mutually 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.
7. 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. 529/2019 under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, registered at P.S.: Karawal Nagar and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also stands disposed of.
A copy of this order be forwarded to the learned Trial Court for information.

ANOOP KUMAR MENDIRATTA, J.
JANUARY 23, 2024/v

CRL.M.C. 537/2024 Page 3 of 3