Full Text
HIGH COURT OF DELHI
Date of Decision: 13.08.2024
SALEEM KHAN & ORS. .....Petitioners
Through: Mr. Saurabh Tyagi and Mr. Ishan Sharma, Advocates
Through: Mr. Satish Kumar, APP
Mr. Sunil Kumar, Adv. for R-2
JUDGMENT
Exemption allowed, subject to just exceptions.
Application stands disposed of.
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. 0165/2019, under Sections 498A/406/34 IPC, registered at PS: Chandni Mahal and proceedings emanating therefrom. Chargesheet has been filed under Sections 498A/406/509/34 IPC.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with 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 29.11.2014. No child was born out of the wedlock. Due to matrimonial differences, petitioner No. 1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 14.10.2019.
4. The disputes have been amicably settled between the parties in terms of Settlement dated 18.07.2023 arrived before Mediation Centre, Tis Hazari Courts. Petitioner No. 1 is also stated to have divorced respondent No. 2.
5. Learned APP for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.
6. Petitioners and respondent No. 2 are present and have been identified by W/SI Neelsee, PS: Chandni Mahal. 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. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 0165/2019, under Sections 498A/406/509/34 IPC, registered at PS: Chandni Mahal 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 AUGUST 13, 2024