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Delhi High Court
Javed And Others vs State Nct Of Delhi And Ors. on 1 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01.04.2024
+ CRL.M.C. 2553/2024
JAVED AND OTHERS. ….. Petitioners
Through: Ms.Naiem Jahan Heena and Mr.Raj
Kumar, Advocates alongwith
petitioner No.1 in person.
versus
STATE NCT OF DELHI AND ORS. ….. Respondents
Through: Ms. Kiran Bairwa, APP for the State
with SI Karan Singh, PS. Ghazipur.
Mr.Ahmed Faraz, Advocate with
respondent No.2 in person.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 9748/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 2553/2024
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. 244/2016, under Sections 498A/406/34 IPC registered at P.S.:
Ghazipur and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No.2 alongwith respondent No.2 in person, appear on advance
Signature Not Verified
Digitally Signed
CRL.M.C. 2553/2024 Page 1 of 3
By:DINESH CHANDRA
Signing Date:04.04.2024
17:04:50
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 23.04.2014. Three female children were born out of the
wedlock. Due to temperamental differences, on complaint of respondent
No.2, present FIR was registered on 04.05.2016.
4. The disputes are stated to have been amicably settled between the
parties with the intervention of family members vide Settlement Deed dated
25.09.2023 though the parties are stated to have been residing together since
2019.
5. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIR in question is
quashed.
6. Petitioner No.1 and respondent No. 2 are present in person and have
been identified by SI Karan Singh, PS: Ghazipur. Presence of petitioners
No.2 and 3 is exempted. Petitioners No.4 and 5 are stated to have expired. 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.
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. 244/2016, under Sections 498A/406/34 IPC
registered at P.S.: Ghazipur and the proceedings emanating therefrom stand
Signature Not Verified
Digitally Signed
CRL.M.C. 2553/2024 Page 2 of 3
By:DINESH CHANDRA
Signing Date:04.04.2024
17:04:50
quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
APRIL 01, 2024/v
Signature Not Verified
Digitally Signed
CRL.M.C. 2553/2024 Page 3 of 3
By:DINESH CHANDRA
Signing Date:04.04.2024
17:04:50
