Full Text
Translation output
$-11/44 HIGH COURT OF DELHI
W.P.(CRL)2633/2016
HAFIZ AHMED & ANR Petitioners
Through :Mr.Rakesh Sehrawat,Mr.G.A.Khan and Mr.Mrinal Kumar Sharma,Advs.
W.P.(CRL)2633/2016
HAFIZ AHMED & ANR Petitioners
Through :Mr.Rakesh Sehrawat,Mr.G.A.Khan and Mr.Mrinal Kumar Sharma,Advs.
VERSUS
STATE(NCT OF DELHI)& ANR Respondents
Through ;Ms. Richa Kapoor, ASC with SI Dinesh Kumar, P.S. Jamia Nagar for respondent no. 1
Ms. Komal Choudhary, Adv. for respondentno.2with respondentno.2 in person.
Through ;Ms. Richa Kapoor, ASC with SI Dinesh Kumar, P.S. Jamia Nagar for respondent no. 1
Ms. Komal Choudhary, Adv. for respondentno.2with respondentno.2 in person.
AND
W.P.(CRL)2950/2016
HAFIZ AHMED& ANR Petitioners
Through ;Mr.Rakesh Sehrawat,Mr.G.A.Khan and Mr.Mrinal Kumar Sharma,Advs.
HAFIZ AHMED& ANR Petitioners
Through ;Mr.Rakesh Sehrawat,Mr.G.A.Khan and Mr.Mrinal Kumar Sharma,Advs.
VERSUS
STATE(NCT OF DELHI)&ANR Respondents
Through Ms. Nandita Rao, ASC with Ms. Sriliona Roy, Adv. and SI Dinesh
Kumar, P.S. Jamia Nagar for respondent no. 1 Ms. Komal Choudhary, Adv. for respondentno.2with respondentno.2 in person.
2016:DHC:9142
Through Ms. Nandita Rao, ASC with Ms. Sriliona Roy, Adv. and SI Dinesh
Kumar, P.S. Jamia Nagar for respondent no. 1 Ms. Komal Choudhary, Adv. for respondentno.2with respondentno.2 in person.
2016:DHC:9142
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
05.10.2016 Crl. M.A.Nos.14060/2016 & 15744/2016(exemption)
Allowed,subjectto alljust exceptions. Applications are disposed of.
W.P.(CRL)Nos.2633/2016& 2950/2016 By these petitions, petitioners have prayed for quashing offollowing
FIRs:- (a) FIR No. 617/2015 under Sections 323/341/506/34 IPG registered at
P.S.Jamia Nagar on the complaint ofrespondent no.2
(b) FIR No.364/2015 under Sections 498-A/406/34IPG registered atP.S.
Jamia Nagar on the complaint ofrespondent no.2.
Petitioner no. 1 is the husband ofrespondent no.2. Other petitioners are relatives ofpetitioner no. 1. Petitioner no. 1 and respondent no.2 have settled their disputes amicably before the Counsellor ofFamily Court,Saket
Courts, New Delhi on 5^*^ August, 2016 on the terms and conditions as stipulated in the reportdated 5""August,2016ofthe Counsellor. Reporthas been signed bythe petitioner no. 1 and respondentno.2. It is submitted that petitioner no.1 hasalready pronounced talaq. Respondentno.2is presentin
Court and has been identified by SI Dinesh Kumar, P.S. Jamia Nagar.
Respondent no.2 admits having settled the matter with the petitioner no. 1.
Petitioner no. 1 and respondentno.2submitthatthey will abide by the terms of the settlement, as contained in the report of Counsellor Ex. C-1.
Respondent no. 2 has no objection in case both the aforesaid FIRs are quashed.
Keeping in mind the fact that both the FIRs are the outcome ofmarital discord between the petitioner no. 1 and respondent no. 2 and they have settled the matter, in my view, no fruitful purpose would be served to keep them entangled in the criminal proceedings. Accordingly,in the interest of justice both the FIRs, that is, FIR No. 617/2015 under Sections
323/341/506/34IPC and FIR No.364/2015 under Sections498-A/406/34IPC both registered at P.S. Jamia Nagar and the consequent proceedings emanating therefrom,are quashed.
Both the writ petitions are disposed ofin the above terms. Dasti.
Crl.
M.A.No.15793/2016 Disposed ofas infructuous.
OCTOBER 05,2016/rb U. a.k.Mthak,j.
05.10.2016 Crl. M.A.Nos.14060/2016 & 15744/2016(exemption)
Allowed,subjectto alljust exceptions. Applications are disposed of.
W.P.(CRL)Nos.2633/2016& 2950/2016 By these petitions, petitioners have prayed for quashing offollowing
FIRs:- (a) FIR No. 617/2015 under Sections 323/341/506/34 IPG registered at
P.S.Jamia Nagar on the complaint ofrespondent no.2
(b) FIR No.364/2015 under Sections 498-A/406/34IPG registered atP.S.
Jamia Nagar on the complaint ofrespondent no.2.
Petitioner no. 1 is the husband ofrespondent no.2. Other petitioners are relatives ofpetitioner no. 1. Petitioner no. 1 and respondent no.2 have settled their disputes amicably before the Counsellor ofFamily Court,Saket
Courts, New Delhi on 5^*^ August, 2016 on the terms and conditions as stipulated in the reportdated 5""August,2016ofthe Counsellor. Reporthas been signed bythe petitioner no. 1 and respondentno.2. It is submitted that petitioner no.1 hasalready pronounced talaq. Respondentno.2is presentin
Court and has been identified by SI Dinesh Kumar, P.S. Jamia Nagar.
Respondent no.2 admits having settled the matter with the petitioner no. 1.
Petitioner no. 1 and respondentno.2submitthatthey will abide by the terms of the settlement, as contained in the report of Counsellor Ex. C-1.
Respondent no. 2 has no objection in case both the aforesaid FIRs are quashed.
Keeping in mind the fact that both the FIRs are the outcome ofmarital discord between the petitioner no. 1 and respondent no. 2 and they have settled the matter, in my view, no fruitful purpose would be served to keep them entangled in the criminal proceedings. Accordingly,in the interest of justice both the FIRs, that is, FIR No. 617/2015 under Sections
323/341/506/34IPC and FIR No.364/2015 under Sections498-A/406/34IPC both registered at P.S. Jamia Nagar and the consequent proceedings emanating therefrom,are quashed.
Both the writ petitions are disposed ofin the above terms. Dasti.
Crl.
M.A.No.15793/2016 Disposed ofas infructuous.
OCTOBER 05,2016/rb U. a.k.Mthak,j.
JUDGMENT