CRL.M.C./2416/2017 of SHAHDAD AHMED Vs THE STATE NCT OF DELHI & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 2416/2017

SHAHDAD AHMED..... PetitionerThrough:Mr.Salim Alvi, Adv.

versus

THE STATE NCT OF DELHI & ANR..... RespondentsThrough:Mr.Raghuvinder Varma, APP forState with W/ASI Clara Toppo, PS-Malviya Nagar

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%31.05.2017

CRL.M.A.9752/2017

Exemption granted, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 2416/2017

This is petition under Section 482 Cr.P.C. moved on behalf of thepetitionerforquashingofFIRNo.1304/2015,underSections323/506/354(C) IPC, registered at Police Station-Malviya Nagar, Delhi andall the proceedings emanating therefrom.

Learned counsel for the petitioner submits that the marriage betweenthe petitioner, Mr.Shahdad Ahmed and the respondent No.2/complainantMrs.Nisha @ Nishant was solemnized on 06.08.2012 according to Muslimrites and customs. Counsel further submits that after the marriagemisunderstanding between the parties had arisen, which resulted into the

registration of aforesaid FIR. He further submits that after the registration ofthe FIR, the near relatives and close friends intervened and the matter hasbeenamicablysettledbetweenthepartiesvideMemorandumofUnderstandingdated17.02.2017.Counselfurthersubmitsthattherespondent No.2 is living with the petitioner and they are leading happyand peaceful married life. Counsel further submits that the matter has beenamicably resolved between the parties nothing further remains to beadjudicated between the parties, however, the present FIR is coming ashurdle in the peaceful life of both the parties and prays that the FIR inquestion and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant, Mrs.Nisha @ Nishant is present inCourt today and has been identified by the Investigating Officer, W/ASIClara Toppo, PS-Malviya Nagar. The complainant admits that the matter hasbeen amicably settled with the petitioner and she has joined herhusband/petitioner. She further submits that she is living happily andpeacefully with her husband without any kind of complaint or grievance.She further submits that the said settlement arrived at with the petitioner isvoluntary and without any force, pressure or coercion and she does not wantany further action qua against her husband and has no objection, if the FIRin question is quashed.

Keeping in view the facts and circumstances of the case and the factthat the matter has been amicably settled between the parties and in terms ofthe said settlement, the respondent No.2/complainant has joined hermatrimonial home and now living with the petitioner happily and peacefullyand nothing further remains to be adjudicated between them, to have peacein the life of the parties and to meet the ends of justice, I deem it appropriate

to quash the aforesaid FIR and all subsequent proceedings arising out of thesame. Consequently, FIR No.1304/2015, under Sections 323/506/354(C)IPC, registered at Police Station-Malviya Nagar, Delhi and all subsequentproceedings arising therefrom are hereby quashed.

The present petition is allowed and stands disposed of accordingly.Copy of this order be given dasti, as prayed.

MAY 31, 2017/sr

I.S.MEHTA, J