Delhi High Court - Orders
Mohammed Tahir Ismail vs The State Nct Of Delhi & Anr on 1 September, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~58 and 59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2003/2022
MOHAMMED TAHIR ISMAIL ..... Petitioner
Through: Mr.M.Sufian Siddiqui, Advocate
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Amol Sinha, ASC for State with
SI Shweta
Respondent No.2 in person through
Video Conferencing
+ W.P.(CRL) 2004/2022
MOHAMMED TAHIR ISMAIL ..... Petitioner
Through: Mr.M.Sufian Siddiqui, Advocate
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Amol Sinha, ASC for State with
SI Shweta
Respondent No.2 in person through
Video Conferencing
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 01.09.2022 Crl.M.A. No. 17364/2022 in W.P.(Crl.) No. 2003/2022 Crl.M.A. No. 17365/2022 in W.P.(Crl.) No. 2004/2022 Exemptions allowed, subject to all just exceptions. W.P.(Crl.) No. 2003/2022 and W.P.(Crl.) No. 2004/2022 W.P.(Crl.) No. 2003/2022 and W.P.(Crl.) No. 2004/2022 have been Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.09.2022 14:42:01 This file is digitally signed by PS to HMJ ANU MALHOTRA.
taken up together in as much as they relate to the same settlement document dated 19.7.2022 and are between the same petitioner and the respondent No.2 who have been identified by the deputed Investigating Officer. The deputed Investigating Officer has also identified the petitioner as being the sole accused arrayed in the FIRs in question. The factum of marriage between the petitioner and the respondent No.2 is indicated to have been verified on the basis of the records of W.P.(Crl.) No. 2003/2022 and also so affirmed by the Investigating Officer of the case.
The respondent No.2 in her deposition on oath in replies to specific Court queries affirms having signed her affidavits dated 21.7.2022 placed on record as well as the settlement agreement dated 19.7.2022 between her and the petitioner and states that she has married the petitioner since 2007 and that she is blessed with a child and is in the family way and that she wants the settlement and wants to move on in her life now with the petitioner and that due to family pressures the FIRs had been registered, it being an inter- religion marriage. She further states that she has arrived at a settlement with the petitioner voluntarily of her own accord without any duress, pressure or coercion from any quarter and that thus she does not oppose the prayer made by the petitioner seeking the quashing of the FIR No. 34/2017 Police Station Vikas Puri registered under Sections 354C/506/509 of the Indian Penal Code, 1860 and Section 67 of the IT Act, 2000 and FIR No. 965/2015 Police Station Vikas Puri registered under Sections 354D/506 of the Indian Penal Code, 1860 nor does she want the petitioner to be punished in relation thereto. She further states that she is a graduate and has understood the implications of the statement made by her and that she does not need to think again.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.09.2022 14:42:01 This file is digitally signed by PS to HMJ ANU MALHOTRA.
In view of the deposition made by the respondent No.2, the learned ASC for the State does not oppose the prayer made by the petitioner seeking quashing the FIRs in question.
Taking into account, the deposition of the respondent No.2 who is duly identified by the deputed Investigating Officer and the verified factum of the marriage between the petitioner and the respondent No.2, for maintenance of peace and harmony between the parties, it is considered appropriate to put a quietus to the litigation between them, the FIR No. 34/2017 Police Station Vikas Puri registered under Sections 354C/506/509 of the Indian Penal Code, 1860 and Section 67 of the IT Act, 2000 and FIR No. 965/2015 Police Station Vikas Puri registered under Sections 354D/506 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom, against the petitioner are thus quashed.
The petitions are disposed of.
ANU MALHOTRA, J SEPTEMBER 1, 2022/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.09.2022 14:42:01 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI Item Nos. 58 and 59 W.P.(Crl.) No. 2003/2022 MOHAMMED TAHIR ISMAIL. Vs. THE STATE NCT OF DELHI & ANR.
AND W.P.(Crl.) No. 2004/2022 MOHAMMED TAHIR ISMAIL. Vs. THE STATE NCT OF DELHI & ANR.
CW-1 SI SHWETA Police Station VIKAS PURI ON S.A. I have been deputed to attend the proceedings qua the FIR No. 34/2017 Police Station Vikas Puri registered under Sections 354C/506/509 of the Indian Penal Code, 1860 and the Court has also taken cognizance under Section 67 of the IT Act, 2000 and FIR No. 965/2015 Police Station Vikas Puri registered under Sections 354D/506 of the Indian Penal Code, 1860. There is only one accused arrayed in both the FIRs. I identify the petitioner present in the Court today as being the accused arrayed in both the FIRs. I identify the respondent No.2 present today in Court through video conferencing as being the complainant of both the FIRs. The petitioner and the respondent No.2 are husband and wife.
RO & AC ANU MALHOTRA, J
01.09.2022.
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:07.09.2022
14:42:01
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI Item Nos. 58 and 59 W.P.(Crl.) No. 2003/2022 MOHAMMED TAHIR ISMAIL. Vs. THE STATE NCT OF DELHI & ANR.
AND W.P.(Crl.) No. 2004/2022 MOHAMMED TAHIR ISMAIL. Vs. THE STATE NCT OF DELHI & ANR.
CW-2 SHABI KOHLI W/O MOHAMMED TAHIR ISMAIL AGED 33 YEARS R/O A-47 IIIrd FLOOR, LAJPAT NAGAR-I On S.A. My affidavit dated 21.7.2022 placed on the records of the W.P.(Crl.) No. 2003/2022 and the settlement document dated 19.7.2022 between me and the petitioner bear my signatures thereon which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter. Likewise my affidavit dated 21.7.2022 placed on record and the W.P.(Crl.) No. 2004/2022 and the same settlement agreement dated 19.7.2022 bear my signatures thereon which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter. I have since married in the year 2007 and I am now in family way and blessed with a child of the wedlock between me and the petitioner. The FIR No. FIR No. 34/2017 Police Station Vikas Puri registered under Sections 354C/506/509 of the Indian Penal Code, 1860 and FIR No. 965/2015 Police Station Vikas Puri registered under Sections 354D/506 of the Indian Penal Code, 1860, were got registered by me against the petitioner due to family pressure it being an inter-religion marriage between me and the petitioner Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.09.2022 14:42:01 This file is digitally signed by PS to HMJ ANU MALHOTRA.
and now I want to move on in my life with the petitioner. I do not oppose the prayer made by the petitioner seeking the quashing of the FIR No. 34/2017 Police Station Vikas Puri registered under Sections 354C/506/509 of the Indian Penal Code, 1860 and Section 67 of the IT Act, 2000 and FIR No. 965/2015 Police Station Vikas Puri registered under Sections 354D/506 of the Indian Penal Code, 1860 nor do I want the petitioner to be punished in relation thereto.
I have so stated voluntarily of my own accord without any duress, pressure or coercion from any quarter. I am a graduate. I have made my statement after understanding the implications of it. I do not need to think again.
RO & AC ANU MALHOTRA, J
01.09.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:07.09.2022
14:42:01
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.