CRL.M.C. 5828/2023

Page 1 of 12

$~48

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Date of decision: August 17, 2023

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CRL.M.C. 5828/2023

SALAUDDIN AND OTHERS

..... Petitioners

Through:

Mr.

Anil

Jaryal

Thakur,

Advocate with petitioners in

person.

versus

THE STATE AND ANOTHER

..... Respondents

Through:

Mr. Pradeep Gahalot, APP for

State/R-1 with ASI Poonam

Rani

and

SI

Rocky,

P.S.

Dayalpur.

Mr. Counsel (appearance not

given) for R-2 with R-2 in

person.

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

J U D G M E N T (oral)

1.

The present petition is filed under section 482 Cr.P.C. for

quashing of FIR bearing no.0210/2019 registered under sections

376/323/341/511/34 IPC at P.S. Dayalpur, Delhi along with

consequential proceedings.

2.

Issue notice.

3.

Mr. Pradeep Gahalot, Additional Public Prosecutor assisted by

SI Rocky, P.S. Dayalpur, accepts notice on behalf of the respondent

no. 1/State. The respondent no.2 is present in person along with the

counsel and accepts notice.

Digitally Signed

By:JITENDRA

Signing Date:23.08.2023

11:33:26

Signature Not Verified

CRL.M.C. 5828/2023

Page 2 of 12

4.

The petitioner no. 2 and the respondent no. 2 got married about

07 years back and out of their marriage, a male child was born. After

some time, matrimonial differences stated to be arisen between the

petitioner no. 2 and the respondent no. 2.

5.

The present FIR bearing no.0210/2019 was got registered on the

basis of complaint made by the respondent no. 2 on the allegations as

stated in the FIR. After conclusion of investigation, the charge-sheet

was filed under sections 376/323/341/511/34 IPC wherein the

petitioners were implicated and the trial is stated to be pending in the

court of Sh. Gajender Singh Nagar, ASJ, North-East, Karkardooma

Courts/Successor Court. The petitioners no. 1, 3 and 4 are family

members of the petitioner no. 2. The petitioners and the respondent

no. 2 are identified by the Investigating Officer SI Rocky, P.S.

Dayalpur and their respective counsel.

6.

The court of Ms. Surabhi Sharma Vats, ASJ (Special Fast Track

Court), Karkardooma Courts, Delhi in Sessions Case bearing no.51/20

titled as State V Salauddin & Ors., ordered for framing of the

charges for offences punishable under sections 376(2)(f) read with

section 511 IPC against the petitioner no. 1 besides framing of the

charges punishable under sections 354/354A/354B IPC. The

petitioners no. 2 to 4 were charged for the offences punishable under

sections 323/341 IPC.

7.

The counsel for the petitioners stated that the petitioner no. 2

and the respondent no. 2 have settled their matrimonial differences

and are living together since March, 2021 and they have become

parents of a girl child, who was born on 20.02.2022. The petitioner

Digitally Signed

By:JITENDRA

Signing Date:23.08.2023

11:33:26

Signature Not Verified

CRL.M.C. 5828/2023

Page 3 of 12

no. 2 and the respondent no. 2 are living together happily with mutual

love, affection and understanding. The counsel for the petitioners also

referred Memorandum of Understanding stated to be executed on

02.05.2023 and prayed that the present petition be allowed and FIR

bearing no.0210/2019 be quashed along with consequential judicial

proceedings.

8.

The counsel for the respondent no. 2 stated that the present FIR

was got registered at the instance of the respondent no. 2 due to

matrimonial differences and misunderstanding with the petitioner no.

2 and his family members. The petitioner no. 2 and the respondent no.

2 are living happy married life and have become parents of a girl

child, who was born on 20.02.2022.

9.

The respondent no. 2 also stated that she does not have any

objection if the present petition is allowed and FIR bearing

no.0210/2019

is

quashed

along

with

consequential

judicial

proceedings.

10.

The Additional Public Prosecutor for the State/respondent no. 1

opposed the pr