Allowed

Imran & Ors. v. State (Gnctd) through S.H.O & Anr.

Delhi HC15 Feb 2024CRL.M.C./1238/2024

Case brief

AI extract

What is this about?

Single judge allowed quashing petition under Section 482 CrPC. Court quashed FIR under IPC and Dowry Prohibition Act, and consequent proceedings, noting parties had settled disputes, executed a MOU, and resumed living together.

What did the court decide?

FIR No.0815/2019 and all consequential proceedings under IPC and the Dowry Prohibition Act are quashed; petition disposed of.

Imran & Ors. Vs State (Gnctd) through S.H.O & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1238/2024

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IMRAN & ORS. ..... Petitioners Through: Mr Abdul Gaffar and Mr Sameer Khan, Advocates along with petitioners in person. versus

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STATE (GNCTD) THROUGH S.H.O & ANR. ..... Respondents Through: Mr Raghvinder Varma, APP for the State with SI Rahul, PS Seemapuri. Respondent no.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 15.02.2024

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CRL.M.A. 4902/2024

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1. Allowed, subject to all just exceptions. CRL.M.C. 1238/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0815/2019 under Sections 498A/406/354/506/34 IPC and Section 4 of Dowry Prohibition Act registered at Police Station Seemapuri and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits that since FIR is an outcome of matrimonial dispute and the parties have arrived at a settlement, in terms of which they have now started residing

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:42:31

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together, the State has no objection in case the present FIR is quashed.

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The petitioner no.1 (husband), and petitioner nos.2 to 12, who are close relatives of the petitioner no.1, as well as, respondent no. 2 (wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Rahul, PS Seemapuri.

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 14.09.2014 according to Muslim Rites and Customs. Out of the said wedlock, three children were born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 31.08.2019. The dispute between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding/Compromise Deed dated 02.01.2024, which is annexed as Annexure A-4 to the present petition.

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As per the said settlement, the parties have settled all their disputes with each other with the intervention of family members/relatives and common friends.

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It is a term of the settlement that the parties shall not file any further complaint/litigation regarding the said dispute in future. The parties also decided to live peacefully and maintain cordial relations with each other.

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The petitioner no.1 and the respondent no.2, who are present in Court affirm that now they are residing together.

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The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:42:31

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In view of the fact that the parties have arrived at a settlement, and in terms thereof the petitioner no.1 and the respondent no.2 have started residing together, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. 13. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.0815/2019 under Sections 498A/406/354/506/34 IPC and Section 4 of Dowry Prohibition Act registered at Police Station Seemapuri alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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FEBRUARY 15, 2024 MK

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Imran & Ors. v. State (Gnctd) through S.H.O & Anr.

Case brief

What is this about?

What did the court decide?

Imran & Ors. v. State (Gnctd) through S.H.O & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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