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Vaseem Husain And Ors. vs State Nct Of Delhi on 1 April, 2024

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Delhi High Court

Vaseem Husain And Ors. vs State Nct Of Delhi on 1 April, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01.04.2024
+ W.P.(CRL) 653/2024
VASEEM HUSAIN AND ORS. ….. Petitioners
Through: Mr. Sharik Ansari, Advocate.

versus

STATE NCT OF DELHI ….. Respondent
Through: Mr. Rahul Tyagi, ASC for State with
SI Sohan Lal, PS Tigri.
Mr. M. Arshyan, Advocate for R-3.

CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)

1. Writ Petition under Article 226 of the Constitution of India read with
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. 089/2022
under
Sections 498A/406/34 IPC registered at P.S.: Tigri and proceedings
emanating therefrom.

2. In brief, as per the case of the petitioners, marriage between petitioner
No. 1 and respondent No. 3 was solemnized according to Muslim Shariat
Law on 31.03.2021 at New Delhi. No child was born out of the wedlock.
Due to temperamental differences, on complaint of respondent No.3, present
FIR was registered on 31.01.2022.

3. The disputes are stated to have been amicably settled between the
parties with the intervention of family members vide settlement deed dated
26.02.2022.

Signature Not Verified
Digitally Signed
W.P. (CRL.) 653/2024 Page 1 of 2
By:DINESH CHANDRA
Signing Date:04.04.2024
17:35:34

4. 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.

5. Petitioners in person and respondent no. 3 (through VC) have been
identified by SI Sohan Lal, P.S.: Tigri. 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. 3 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. 089/2022 under
Sections 498A/406/34 IPC
registered at P.S.: Tigri and the 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 and compliance.

ANOOP KUMAR MENDIRATTA, J.

APRIL 01, 2024/akc

Signature Not Verified
Digitally Signed
W.P. (CRL.) 653/2024 Page 2 of 2
By:DINESH CHANDRA
Signing Date:04.04.2024
17:35:34

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