Gulzar Ahmed & Ors. v. State NCT of Delhi and Anr.

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. 209/2019, under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 registered at P.S.: Seemapuri and proceedings emanating therefrom.

2. In brief, as per the case of the petitioners, marriage between petitioner No.1 and respondent No. 2 was solemnized according to Muslims rites and ceremonies on 19.09.2016. A child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. On complaint of respondent No. 2 present FIR was registered on 02.04.2019.

3. The disputes are stated to have been reconciled between the parties with the intervention of members of family whereupon petitioner No. 1 and respondent No. 2 are residing together.

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. Petitioner No.1 and respondent No. 2 in person have been identified by SI Achal, P.S.: Seemapuri. Presence of petitioner No.2 to 8 is exempted. 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. Parties intend to put quietus to the proceedings, since the disputes arise on account of matrimonial differences. The resolution of matrimonial disputes shall promote harmony between the parties and permit them to move further in life. The chances of conviction are bleak in view of amicable settlement between the parties. Also, no other involvement of the petitioners in any other criminal case has been brought to the notice of this Court.

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. 209/2019, under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 registered at P.S.: Seemapuri 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.

ANOOP KUMAR MENDIRATTA, J. MAY 02, 2024