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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Shabaz - Appellant
Versus
State - Respondent
W.P.(Crl.) 414 of 2021
Decided On : 18-05-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
Facts of the case:
The petitioner sought the quashing of FIR No. 125/2020 related to matrimonial disputes, claiming resolution of issues and obtaining divorce per Muslim law, supported by the complainant’s consent.
Findings of Court:
The court found that the amicable resolution of the matrimonial dispute negated the need for further proceedings based on the FIR.
Issues: The primary issue was whether the FIR could be quashed given that the matrimonial dispute had been resolved between the parties.
Ratio Decidendi: The court concluded that in light of the amicable resolution and absence of grievance from the complainant, the FIR should be quashed, emphasizing that the integrity of the resolution must be respected.
Result: FIR No. 125/2020 quashed and proceedings disposed of.
| Table of Content |
|---|
| 1. matrimonial dispute resolved and no grievance remains. (Para 1 , 4) |
| 2. court recognizes presence and identification of parties. (Para 2 , 3) |
| 3. fir quashed due to resolution of dispute. (Para 5 , 6) |
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 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.
