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\ HIGH COURT OF DELHI
CRL.M.C.3870/2016
SYED SALLAUDDINPASHA Petitioner
Through: Mr. Rais Farooqui, Mr.S.Akbar Abidi and Mr. Arif Ali Khan, Advs. along with petitioner in person.
CRL.M.C.3870/2016
SYED SALLAUDDINPASHA Petitioner
Through: Mr. Rais Farooqui, Mr.S.Akbar Abidi and Mr. Arif Ali Khan, Advs. along with petitioner in person.
VERSUS
STATE(GOVT.OFNCT OFDELHI)& ANR Respondents
Through: Dr. M.P. Singh, APP for State with SI
Anand Pratap,P.S.Madhu Vihar.
Mr. Krishan Kumar, Ms. Vidushi Sharma and Ms. Sunita Arora, Advs. along with respondentno.2in person.
Through: Dr. M.P. Singh, APP for State with SI
Anand Pratap,P.S.Madhu Vihar.
Mr. Krishan Kumar, Ms. Vidushi Sharma and Ms. Sunita Arora, Advs. along with respondentno.2in person.
And
W.P.(CRL)3022/2016
SYED SALLUDDIN PASHA Petitioner
Through: Mr. Rais Farooqui, Mr.S.Akbar Abidi and Mr. Arif Ali Khan, Advs. along with petitioner in person.
SYED SALLUDDIN PASHA Petitioner
Through: Mr. Rais Farooqui, Mr.S.Akbar Abidi and Mr. Arif Ali Khan, Advs. along with petitioner in person.
VERSUS
STATE(GOVT.OF NCT OF DELHI)& ANR Respondents
Through: Mr. Ashish Aggarwal, ASC for State with Mr. Piyush Singhal and Ms. Arpita Bhattacharyya,Advs.along with
SI Kulbir Rana,P.S. Vivek Vihar.
Mr. Krishan Kumar, Ms. Vidushi Sharma and Ms. Sunita Arora, Advs. along with respondent no.2in person.
Through: Mr. Ashish Aggarwal, ASC for State with Mr. Piyush Singhal and Ms. Arpita Bhattacharyya,Advs.along with
SI Kulbir Rana,P.S. Vivek Vihar.
Mr. Krishan Kumar, Ms. Vidushi Sharma and Ms. Sunita Arora, Advs. along with respondent no.2in person.
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
28.11.2016 Petitioner is husband ofrespondentno.2.On the complaintofrespondent no.2,following two FIRs wereregistered againstthe petitioner:-
(a) FIR No.389/2014 under Sections 471/406/420/468 IPG at police
2016:DHC:9150 s I station Vivek Vihar.
(b) FIR No.530/2014 under Sections 377/511/323/341/342/506 IPC at police station Madhu Vihar.
Petitioner and respondent no.2 were married on 5* January,2003 and one child Ms.Sara Syed was bom on 21®^November,2003from their wedlock.
In a nutshell, respondent no.2 has alleged in the FIR, mentioned at serial no.
(b),that she was ill treated after marriage. She also alleged that petitioner was maintaining illicit relations with other women and children. She also alleged that petitioner attempted unnatural sex with her and when she resisted she was given beatings by him. In the FIR,mentioned at serial no.(a),she alleged that petitioner operated the bank locker which was in their joint name,by forging her signatures.
Respondent no.2 also filed petitions under the Protection of Women from Domestic Violence Act, 2005 and under Section 125 of the Code of
Criminal Procedure, 1973. During the pendency of the said proceedings, petitioner and respondent no.2 have settled their disputes amicably vide
Settlement Agreementdated lO*''February,2016 before the Counsellor,Family
Court, Karkardooma, Delhi. Settlement agreement has been signed by Shri
Vijay Ahluwalia,Counsellor between the petitioner and respondent no.2.
Respondent no.2 is present in Court and submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion. She further submits that she has already withdrawn the proceedings under the Domestic Violence Act and under Section 125 ofthe
Code of Criminal Procedure. She has admitted that petitioner has already executed two registered gift deeds in terms of Clauses (1) and (2) of the
Settlement Agreement. She submits that she is not willing to pursue both the above-referred FIRs,in view ofthe settlement.She hasno objectionin case the
FIRs are quashed.
Keeping in mind that both the FIRs are outcome of marital discord between the petitioner and respondent no.2 and that they have settled their disputes voluntarily and without any undue pressure,force or coercion,in the interest ofjustice, FIR No. 389/2014 under Sections 471/406/420/468 IPC registered at police station Vivek Vihar and FIR No.530/2014 under Sections
377/511/323/341/342/506IPC registered at police station Madhu Vihar and the consequentproceedings emanatingtherefrom are quashed.
Both the writ petitions are disposed ofin the above terms.
Dasti.
A.K<PATHAK,J.
NOVEMBER 28,2016/ga
28.11.2016 Petitioner is husband ofrespondentno.2.On the complaintofrespondent no.2,following two FIRs wereregistered againstthe petitioner:-
(a) FIR No.389/2014 under Sections 471/406/420/468 IPG at police
2016:DHC:9150 s I station Vivek Vihar.
(b) FIR No.530/2014 under Sections 377/511/323/341/342/506 IPC at police station Madhu Vihar.
Petitioner and respondent no.2 were married on 5* January,2003 and one child Ms.Sara Syed was bom on 21®^November,2003from their wedlock.
In a nutshell, respondent no.2 has alleged in the FIR, mentioned at serial no.
(b),that she was ill treated after marriage. She also alleged that petitioner was maintaining illicit relations with other women and children. She also alleged that petitioner attempted unnatural sex with her and when she resisted she was given beatings by him. In the FIR,mentioned at serial no.(a),she alleged that petitioner operated the bank locker which was in their joint name,by forging her signatures.
Respondent no.2 also filed petitions under the Protection of Women from Domestic Violence Act, 2005 and under Section 125 of the Code of
Criminal Procedure, 1973. During the pendency of the said proceedings, petitioner and respondent no.2 have settled their disputes amicably vide
Settlement Agreementdated lO*''February,2016 before the Counsellor,Family
Court, Karkardooma, Delhi. Settlement agreement has been signed by Shri
Vijay Ahluwalia,Counsellor between the petitioner and respondent no.2.
Respondent no.2 is present in Court and submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion. She further submits that she has already withdrawn the proceedings under the Domestic Violence Act and under Section 125 ofthe
Code of Criminal Procedure. She has admitted that petitioner has already executed two registered gift deeds in terms of Clauses (1) and (2) of the
Settlement Agreement. She submits that she is not willing to pursue both the above-referred FIRs,in view ofthe settlement.She hasno objectionin case the
FIRs are quashed.
Keeping in mind that both the FIRs are outcome of marital discord between the petitioner and respondent no.2 and that they have settled their disputes voluntarily and without any undue pressure,force or coercion,in the interest ofjustice, FIR No. 389/2014 under Sections 471/406/420/468 IPC registered at police station Vivek Vihar and FIR No.530/2014 under Sections
377/511/323/341/342/506IPC registered at police station Madhu Vihar and the consequentproceedings emanatingtherefrom are quashed.
Both the writ petitions are disposed ofin the above terms.
Dasti.
A.K<PATHAK,J.
NOVEMBER 28,2016/ga
JUDGMENT