Public excerpt
W.P.(CRL)/175/2024 of NEEZAM @ MEESAM Vs THE STATE (GOVT OF NCT OF DELHI) & ANR. - High Court of Delhi (High Court of Delhi)
Court: High Court of Delhi (High Court of Delhi)
Case: DLHC010013302024
Parties: W.P.(CRL)/175/2024 of NEEZAM @ MEESAM Vs THE STATE (GOVT OF NCT OF DELHI) & ANR.
Pages: 10
Characters (full): 24574
Full judgment text and the official PDF are available after sign-in. This page shows an excerpt for discovery and research previews only.
W.P.(CRL) 175/2024 Page 1 of 10 $~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 175/2024 NEEZAM @ MEESAM ..... Petitioner Through: Mr. R.P.S. Bhatti, Advocate with Petitioner in person. versus THE STATE (GOVT OF NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Sanjay Lao, Standing Counsel for State with Mr. Abhinav Kumar Arya, Advocate for R-1 with SI Pushpa. Mr. G.H. Mirza, Advocate for R-2 with R-2 in person. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 18.01.2024 CRL.M.A. 1598/2024 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(CRL) 175/2024 3. This is a petition filed on behalf of the Petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No. 151/2023 dated 06.04.2023 under Sections 354/354C/506 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at PS: Jama Masjid, Delhi along with proceedings emanating therefrom. 4. As per the case of prosecution, Petitioner and Respondent No.2/Complainant got engaged on 20.06.2021, wherein Rs.10,000/- cash This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:50 W.P.(CRL) 175/2024 Page 2 of 10 were given in Charity to the Petitioner along with some silver jewellery and a gold ring to him by the family of Respondent No.2. On 26.06.2021, when both met in a park, Petitioner tried to assault Respondent No.2 with intent to outrage her modesty and also clicked some private photographs without her consent. In January, 2023, when her father gave a proposal for marriage, Petitioner demanded a sum of Rs.5 lacs in cash as dowry, failing which he threatened to break the engagement. Petitioner repeatedly called Respondent No.2 on her phone and threatened that if her father would not give Rs.5 lacs as dowry, he would murder her as well as her family members. On the complaint made by Respondent No.2, the aforesaid FIR was registered against the Petitioner. 5. It is stated in the petition that the parties have now resolved their disputes and marriage has been solemnized between Petitioner and Respondent No. 2. Petitioner has placed on record a copy of Nikahnama as well as the Marriage Agreement notarized on 25.08.2023, a copy of which is annexed with the petition. 6. Issue notice. 7. Learned Standing Counsel accepts notice on behalf of the State. 8. Mr. G.H. Mirza, learned counsel accepts notice on behalf of Respondent No. 2. 9. Petitioners and Respondent No. 2 are present in Court and are identified by their respective counsels as well as by the Investigating Officer SI Pushpa. They state that they are married and living together peacefully and there are no disputes between them and therefore, in the interest of justice, the FIR be quashed so that peace and harmony continues between the parties. Learned APP also has no objection to the quashing of the FIR, in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:50 W.P.(CRL) 175/2024 Page 3 of 10 view of the settlement between the parties and the fact that Petitioner and Respondent No. 2 are now cohabiting as husband and wife. 10. The Supreme Court in Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303, observed that while exercising inherent powers under Section 482 Cr.P.C. in respect of quashing of an FIR where parties have entered into amicable resolution of the disputes, one of the considerations would be whether it would be unfair or contrary to the interest of justice t …