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HIGH COURT OF DELHI
Date of Decision: 01.04.2024
VASEEM HUSAIN AND ORS. ..... Petitioners
Through: Mr. Sharik Ansari, Advocate.
Through: Mr. Rahul Tyagi, ASC for State
Mr. M. Arshyan, Advocate for R-3.
JUDGMENT
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. W.P. (CRL.) 653/2024
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