High Court of DelhiW.P.(CRL)/1293/2015

Saira Begum & ORS. v. State Of NCT Of Delhi

2015-09-28Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1293/2015 SAIRA BEGUM & ORS.

..... Petitioners Through Mr.S.K. Rai & Mr.M.Hasan, Advs.

versus STATE OF NCT OF DELHI ..... Respondent Through Ms.Sumi Anand, Adv. for Mr.Avninder Singh, ASC.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 28.09.2015 The petitioners seek quashing of the FIR No.998/2014 (PS Usman Pur) instituted for offence under Sections 498A/324/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961. Shahvez Khan was married to the complainant Saira Begum in the year 2013. After the marriage, husband and wife started residing together. After sometime, dispute arose between them and the relationship soured. The complainant was, as alleged, taunted for bringing insufficient dowry.

In the FIR lodged by Saira begum (wife), it has been alleged that the sisters-in-law of Saira caught hold of her and her husband Shahvez poured hot kheer on her leading to burn injuries.

As a result of such burn injuries, the complainant had to be admitted to Jag Prawesh Chand Hospital from where she was referred to GTB

Hospital.

However, with the intervention of seniors of the family and wellwishers, the dispute between the husband and wife and infact the entire matrimonial family of the complainant was settled and a compromise deed was drafted.

The husband and wife have decided to stay under the same roof willingly and ever since such compromise agreement, Saira and her husband are living as man and wife under the same house. The husband and wife are present in person and this Court has interacted with them.

Considering the fact that dispute basically arose out of matrimonial discord and which dispute has been settled/resolved, no useful purpose would be served in allowing the investigation to be continued any further. The settlement between the husband and wife and other accused persons of the FIR appear to be the outcome of good counsel tendered to them.

On the above premised reasons, this Court is inclined to quash the subject FIR.

The FIR No.998/2014 (PS Usman Pur) for offence under Sections 498A/324/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961, along with all the emanating proceedings thereof, are quashed. Petition is disposed of.

Dasti.

ASHUTOSH KUMAR, J SEPTEMBER 28, 2015/ab