Shabaz and Ors. v. State and Anr.

Delhi High Court · 18 May 2021 · 2021:DHC:1623
Suresh Kumar Kait
W.P.(CRL) 414/2021
2021:DHC:1623
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, and 34 IPC in a matrimonial dispute after the parties amicably settled and obtained divorce under Muslim law.

Full Text
Translation output
W.P.(CRL) 414/2021
HIGH COURT OF DELHI
Date of Decision: 18.05.2021
W.P.(CRL) 414/2021
SHABAZ AND ORS. ..... Petitioners
Through: Mr. Arbab Malik, Advocate
VERSUS
STATE AND ANR. ..... Respondents
Through: Ms. Kamna Vohra, Additional Standing Counsel for respondent
No.1/State with SI Ravinder Chander Respondent No.2 in person
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.

1. Quashing of FIR No. 125/2020, under Sections 498-A/406/34 IPC, registered at police station Shaheen Bagh, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably resolved in terms of Memorandum of Understanding dated 28.01.2021 and that divorce as per muslim law has been obtained by the parties.

2. Notice.

3. Ms. Kamna Vohra, learned Additional Standing Counsel for the 2021:DHC:1623 W.P.(CRL) 414/2021 respondent/State accepts notice and submits that respondent No.2/ complainant of this FIR, is present through video conferencing and she has been duly identified by the Investigating Officer of this case, who is also present through video conferencing.

4. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Memorandum of Understanding dated 28.01.2021 and she has received the entire settled amount from petitioners and that divorce as per muslim law has been obtained by the parties. Respondent No.2 submits that now no grievance against petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.

5. Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and FIR No. 125/2020, under Sections 498-A/406/34 IPC, registered at police station Shaheen Bagh, Delhi and the proceedings emanating therefrom are hereby quashed.

6. This petition stands accordingly disposed of.

JUDGE MAY 18, 2021