Full Text
W.P.(CRL) 2854/2017
VASIL RAZA Petitioner
Through: Mr.NoorAlam, Advocatewith petitioner in person
Through: Mr.Rajesh Mahajan, ASC for the State with ASI Suresh Kumar
PS New Usmanpur Mohd.Mukeeb, Advocate for R-2 with R-2 in person
VASIL RAZA &ORS Petitioners
Through: Mr.NoorAlam, Advocatewith petitioners in person
Through: Mr.Ashish Aggarwal, ASC forthe State with ASIChatarpal Singh
PS Jafrabad Mohd.Mukeeb, Advocate for R-2 with R-2 in person
16.10.2017
Exemption allowed, subject to all justexceptions.
Application stands disposed of W.P.(CRL) Nos.2854/2017 &1675/2017 Page i of3
2017:DHC:8305 W.P.rCRL)Nos.2854/2017 8c 1675/2017
ORDER
1. By way of these writ petitions filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioners are seeking quashing of case FIR No.666/2016 under Sections 377/354-A IPC registered at PS New Usmanpur, Delhi and case FIR No. 0074/2017 under Sections 498-A/406/34 IPG & Section 4 of Dowry Prohibition Act registered at PS Jafrabad and the proceedings emanating therefrom against the petitioners.
2. Briefly stating the facts of the present case are that Respondent No.2 got married to Petitioner No.l on 18^ August, 2014 according to Muslim rites and customs. Due to temperamental and other differences, the Petitioner No.l and Respondent No.2 could riot live together. They started living separately since 6^ June, 2016.
3. On 13^^ August, 2016, Respondent No.2 filed a complaint against her husband that he was having unnatural sex with her which resulted into registration of case FIR No.666/2016 under Sections 377/354-A IPG at PS New Usmanpur, Delhi.
4. On 2"'^ February, 2017 pursuant to the complaint made by respondent No.2 to the GAW Gell, Seemapuri, Delhi, case FIR No.0074/2017 under Sections 498-A/406/34 IPG & Section 4 of Dowry Prohibition Act was registered against her husband and other family members.
5. During the pendency of above cases, with the intervention of family members and respectable people of the society, both the parties.arrived at an amicable settlement and agreed to dissolve their marriage. The copy of the Settlement/Gompromise Deed dated 7^ March, 2017 has been annexed with these petitions as Annexure P-2. W.P.(CRL) Nos.2854/2017 & 1675/2017
6. In terms of full and final settlement arrived at between the parties, today learned counsel for the Petitioners has handed over to Respondent No.2 a demand draft for a sum of? 75,000/-.
7. Respondent No.2 is present in person and submits that she has settled the matter with the Petitioners and interms ofsaid settlement, today she has received a Demand Draft for a sum of ? 75,000/- fi-om the Petitioners. Respondent No.2 ftirther submits that she has no objection if both the FIRs are quashed qua the Petitioners.
8. In view of the legal position laid down in Gian Singh v State of Punjab & Anr. 2012 (9) SCALE 257 and amicable settlement arrived at between the parties, I am of the considered view that no useftil purpose would be served by continuing the criminal proceedings against the petitioners, which will only be anexercise in fiitile and wastage ofprecious time of the Court.
9. Accordingly, in terms of the settlement case FIR No.666/2016, under Sections 377/354-A IPG registered at PS New Usmanpur, Delhi and case FIRNo. 0074/2017 under Sections 498-A/406/34 IPG & Section 4 ofDowry Prohibition Act registered at PS Jafrabad and consequential proceedings arisingtherefrom are herebyquashed.
10. Order dasti, as prayed.