← Library
High Court of DelhiCRL.M.C./5779/2019

Miraj Ahmad v. State & ANR

2020-02-18Hon'Ble Ms. Justice Anu Malhotra8 pages

$~35 & 36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5779/2019 MIRAJ AHMAD ..... Petitioner Through:

Mr. Rakesh Kumar, Adv.

versus STATE & ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with ASI Baljit Singh, PS Sultanpuri.

R-2 in person.

And + W.P.(CRL) 3186/2019 VIJIT VERMA ..... Petitioner Through:

Mr. Rakesh Kumar, Adv.

versus STATE & ANR ..... Respondents Through:

Ms. Jyoti Babbar, Adv. for Mr.

Rajesh Mahajan, ASC for State with SI Raju Yadav, PS Sultanpuri.

Mr. Sanjeev Sabharwal, APP for State R-2 in person.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% W.P.(CRL) 3186/2019 filed by Mr. Vijit Verma seeks quashing of the FIR No.409/2019, PS Sultan Puri registered under Sections page no.1 of 4

509/354/506/406 of the Indian Penal Code, 1860 lodged on the complaint of the respondent no.2 Ms. Amina Bano on 17.04.2019 submitting to the effect that a settlement has been arrived at between the parties.

CRL.M.C. 5779/2019 which has been taken up with the W.P.(CRL) 3186/2019 is filed by Mr. Meraj Ahmad, the husband of Ms. Amina Bano, the respondent no.2 in W.P.(CRL) 3186/2019 which is seeking quashing of FIR No.407/2019, PS Sultan Puri registered under Sections 509/354/356/379/506 of the Indian Penal Code, 1860 lodged on the complaint of Ms. Sapna Verma, the complainant of the said FIR i.e. the wife of Mr. Vijit Verma, the petitioner of W.P.(CRL) 3186/2019.

On behalf of the State it is affirmed that the FIRs in question are cross FIRs.

The Investigating Officers of both the cases have identified the petitioner of each of the petitions present today in Court as being the accused arrayed in the FIR in question and have also identified respondent no.2 of both the petitions present in Court today as being the complainant of the said FIR.

The respondent no.2 in W.P.(CRL) 3186/2019 Ms. Amina Bano has produced her original proof of identity, copy of which is on the record as Ex.CW2/A and the respondent no.2 in her examination on oath by the Court has affirmed having signed her affidavit in response to the petition Ex.CW2/B and the statement made by her under Section 164 of the Cr.PC, 1973 dated 22.04.2019 during the page no.2 of 4

course of investigation voluntarily of her own accord without any duress, coercion or pressure from any quarter and states that there had been some misunderstanding between her and the petitioner of W.P.(CRL) 3186/2019 Vijit Verma and that she does not seek the continuation of the proceedings in relation to the FIR in question nor does she want the petitioner to be punished in relation thereto. To similar effect is the deposition of Mrs. Sapna Verma, the respondent no.2 to CRL.M.C. 5779/2019 who too in her deposition on oath testified to having sworn her affidavit and having signed her statement made under Section 164 of the Cr.PC, 1973 dated 22.04.2019 during the course of investigation voluntarily of her own accord without any duress, coercion or pressure from any quarter. Both Ms. Amina Bano and Ms.

Sapna Verma, the complainants of FIR No.409/2019, PS Sultan Puri registered under Sections 509/354/506/406 of the Indian Penal Code, 1860 and FIR No.407/2019, PS Sultan Puri registered under Sections 509/354/356/379/506 of the Indian Penal Code, 1860 respectively state that they do not oppose the prayer made by the petitioner thereof seeking quashing of the FIRs in question submitting to the effect that there were some misunderstandings between them. In as much as the statements under Section 164 of the Cr.PC, 1973 of both the complainants of both the FIRs corroborate the statements that have been made by the complainants of each of the FIRs today, in view thereof, it is considered appropriate for maintenance of peace and harmony between them to put a quietus to page no.

the litigation between them in relation to the FIR No.409/2019, PS Sultan Puri registered under Sections 509/354/506/406 of the Indian Penal Code, 1860 and FIR No.407/2019, PS Sultan Puri registered under Sections 509/354/356/379/506 of the Indian Penal Code, 1860 against the petitioner thereof, which are thus quashed. The petitions are disposed of.

FEBRUARY 18, 2020 vm page no.4 of 4

CRL.M.C. 5779/2019 MIRAJ AHMAD Vs. STATE & ANR CW-1 ASI Baljit Singh, PS Sultan Puri.

ON S.A.

I identify the petitioner Mr. Meraj Ahmad as being the sole accused arrayed in the FIR No.407/2019, PS Sultan Puri registered under Sections 509/354/356/379/506 of the Indian Penal Code, 1860. I identify the respondent no.2 Ms. Sapna Verma as being the complainant of the said FIR.

CRL.M.C. 5779/2019 MIRAJ AHMAD Vs. STATE & ANR CW-2 Ms. Sapna Verma, w/o Mr. Vijit Verma, aged 35 years, r/o H.No.334-335, Block F-4, Sultanpuri, Nithari, Delhi. I have brought my original proof of identity, copy of which is on the record as Ex.CW2/A. My affidavit in support of the averments made in the petition bears my signatures at points A & B thereon on Ex. CW2/B. The statement made by me under Section 164 of the Cr.PC, 1973 dated 22.04.2019 during the course of investigation bears my signature thereon. I have signed all these documents voluntarily of my own accord without any duress, coercion or pressure from any quarter. The FIR in question was got lodged due to some misunderstanding, which has since been resolved and the petitioner is a neighbour of mine and I have thus no opposition to the prayer made by the petitioner seeking quashing of the FIR No.407/2019, PS Sultan Puri registered under Sections 509/354/356/379/506 of the Indian Penal Code, 1860 nor do I want the petitioner to be punished in relation thereto. I have studied upto standard 10th.

I have made my statement after understanding its implications voluntarily of my own accord without any duress, coercion or pressure from any quarter.

W.P.(CRL) 3186/2019 VIJIT VERMA Vs. STATE & ANR CW-1 SI Raju Yadav, PS Sultan Puri.

ON S.A.

I identify the petitioner Mr. Vijit Verma as being the sole accused arrayed in the FIR No.409/2019, PS Sultan Puri registered under Sections 509/354/506/406 of the Indian Penal Code, 1860. I identify the respondent no.2 Ms. Amina Bano as being the complainant of the said FIR.

W.P.(CRL) 3186/2019 VIJIT VERMA Vs. STATE & ANR CW-2 Ms. Amina Bano, w/o Mr. Meraj Ahmad, aged 41 years, r/o 197, P1 Block, Sultanpuri, Delhi.

I have brought my original proof of identity, copy of which is on the record as Ex.CW2/A. My affidavit in support of the averments made in the petition bears my signatures at points A & B thereon on Ex. CW2/B. The statement made by me under Section 164 of the Cr.PC, 1973 dated 22.04.2019 during the course of investigation bears my signature thereon. I have signed all these documents voluntarily of my own accord without any duress, coercion or pressure from any quarter. The matter has been resolved between me and the petitioner. There have been some misunderstanding, which has since been resolved and I have thus no opposition to the prayer made by the petitioner seeking quashing of the FIR No.409/2019, PS Sultan Puri registered under Sections 509/354/506/406 of the Indian Penal Code, 1860 nor do I want the petitioner to be punished in relation thereto.

I am illiterate but I have made my statement after understanding its implications voluntarily of my own accord without any duress, coercion or pressure from any quarter.