Wasim & Anr v. State

1. The present petition is filed by the petitioners under Section 482 of the Cr.PC praying inter a/ia for quashing of FIR No.16/2010, lodged by petitioner No.2/complainant against petitioner No.1 under Section 376 IPC, registered with Police Station: Seelampur, Delhi.

2. Counsel for the petitioners states that the date of the incident, subject matter of the FIR is 14.1.2010 when petitioner No.2 claimed that petitioner No.-1 sexually assaulted her. It is stated by the counsel for the petitioners that during the pendency of the present CRL.M.C. 193/2011 1/3 2011:DHC:12191 proceedings, the marriage of petitioner No.1 and petitioner No.2/complainant has been solemnized. He draws the attention of this Court to the Marriage Certificate dated 12.10.2010, to state that the marriage of the parties took place in the presence of the grandfather of petitioner No.2/complainant and now both petitioner no. 1 & 2 are residing together.

3. The matter was passed over on the first call for the learned APP to interact with petitioner No.2/complainant and verify the arguments contained in the petition. On the second call, learned APP informs this Court that he is satisfied that petitioner no. 2 got married Q to petitioner No.1 out of her own free will and volition and without any undue influence or coercion from any quarter. Further, on enquiry, petitioner No.2/complainant submits that she is residing with petitioner No.1 at her matrimonial home. The petitioner No.1 is stated to be working as a driver with a private firm and is residing in a tenanted premises with petitioner No.2/complainant.

4. Petitioner No.2 is present in Court and is duly identified by the Investigating Officer. She confirms the fact that she has arrived at the aforesaid settlement with petitioner No.1 of her own free will and ( volition and without any undue influence or coercion from any quarter. CRL.M.C. 193/2011

5. Learned APP for the State submits that in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.

6. This Court has heard the counsel for the petitioners. In view of the submission made by petitioner No.2/complainant and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

7. Accordingly, the petition is allowed in view of the aforesaid settlement arrived at between the parties. FIR No.16/2010 lodged by petitioner No.2/complainant with Police Station: Seelampur, Delhi, and all proceedings arising therefrom are quashed.

8. The petition is disposed of. File be consigned to the record room. HIMA KOHLI,J JANUARY 24, 2011 mk