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HIGH COURT OF DELHI
Date of Decision: 08.08.2024
IRSHAD JALALUDDIN ANSARI & ORS. .....Petitioners
Through: Mr. Ghufran Ahmad, Advocate
Through: Ms. Meenakshi Dahiya, APP for State
Nagar.
Mr. Mohd. Shariq and Mr. Faij Khan, Advs. for R-2
JUDGMENT
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners quashing of FIR No. 143/2019, under Sections 498A/406/34 IPC, registered at PS: Jamia Nagar and proceedings emanating therefrom. Chargesheet has been filed under Sections 498A/406/506/34 IPC.
2. 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 06.11.2016. A female child was born out of the wedlock. Due to matrimonial differences, respondent No. 2 shifted to her parental home in Delhi and started living separately. On complaint of respondent No. 2, present FIR was registered on 29.07.2019.
3. The disputes are stated to have been settled in terms of settlement deed CRL.M.C. 4530/2024 dated 24.05.2020. Petitioner No. 1 is stated to have divorced respondent No. 2.
4. Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.
5. Petitioners (through VC) and Respondent No. 2 in person have been identified by ASI Tunda Eam, PS: Jamia Nagar. 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.
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. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, No. 143/2019, under Sections 498A/406/ 34/506 IPC, registered at PS: Jamia Nagar 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 08, 2024