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2021 Supreme(Del) 2189
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Shabaz & Ors. - Appellants
Versus
State & Anr. - Respondents
W.P. (Crl) No. 414 of 2021
Decided On : 18-05-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Act Referred
Headnote
Quashing - Matrimonial Dispute - The court quashed the FIR and proceedings under Sections 498-A/406/34 IPC as the matrimonial dispute between the parties was amicably resolved and divorce as per Muslim law had been obtained.
Fact of the Case:
The matrimonial dispute between the parties was amicably resolved in terms of a Memorandum of Understanding dated 28.01.2021, and divorce as per Muslim law had been obtained by the parties.
Finding of the Court:
The court found that since the matrimonial dispute had been amicably resolved and the complainant had received the settled amount and the divorce had been obtained, no grievance against the petitioners survived. Therefore, the court allowed the petition and quashed the FIR and proceedings.
Issues: The main issue was the resolution of the matrimonial dispute and the obtained divorce as per Muslim law, leading to the request for quashing the FIR and proceedings.
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the matrimonial dispute, the receipt of the settled amount by the complainant, and the obtaining of divorce as per Muslim law.
Final Decision: The court allowed the petition and quashed FIR No. 125/2020, under Sections 498-A/406/34 IPC, registered at police station Shaheen Bagh, Delhi, and the proceedings emanating therefrom.
Arbab Malik, Advocate, Kamna Vohra, Advocate
JUDGMENT
Suresh Kumar Kait, J. - 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 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.
