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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 1185/2022 & CRL.M.A. 10056/2022

ARSHAD AHMAD AND ORS

..... Petitioners

Through:

Mr. Arun Bhardwaj, Senior

Advocate with Mr. Abhishek

Sharma and Mr. Rahul Sharma,

Advocates.

versus

STATE NCT OF DELHI AND ANR

..... Respondents

Through:

Mr. Ranbir S. Kundu, ASC for

State with Mr. Mukul Dagar,

Ms. Pooja and Mr. Agniwesh

Singh, Advocates along with SI

Jyoti Phogal, PS Mehrauli.

Mr. Hilal Haider and Mr. Butul

Khan, Advocates for R-2 with

complainant in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

SWARANA KANTA SHARMA, J. (ORAL)

1.

The instant petition under Article 226/227 of the Constitution of

India read with Section 482 of the Code of Criminal Procedure, 1973,

has been filed by the petitioners praying for quashing of FIR bearing

No. 655/2021 registered at Police Station Mehrauli for offences

punishable under Sections 376/377/498-A of the Indian Penal Code,

1860 read with Section 34 IPC.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002249

2.

Notice. Mr. Ranbir S. Kundu, ASC accepts notice on behalf of

the State.

3.

All the petitioners are present before this Court and have been

identified by their counsel Mr. Abhishek Sharma, Advocate as well as

by the Investigating Officer (IO) SI Jyoti Phogal, PS Mehrauli.

4.

Investigating Officer has also identified the complainant.

5.

It was observed by the Hon’ble Supreme Court in Gian Singh

v. State of Punjab, (2012) 10 SCC 303, that it is encouraged to quash

the FIR in circumstances wherein a compromise has been achieved.

The relevant extract of the judgment reads as under:

“61. The position that emerges from the above

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002249

jurisdiction to quash the criminal proceeding.”

6.

Further, it has been observed in Narinder Singh v. State of

Punjab, (2014) 6 SCC 466 that:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002249

“29. In view of the aforesaid discussion, we sum up and

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NEUTRAL CITATION NO: 2022/DHC/002249

among themselves.”

7.

In the present case, which is a matrimonial dispute, it is noted

that charge-sheet has been filed under Section 376 of the Indian Penal

Code, 1860, however, in her statement under Section 164 Cr.P.C., the

complainant has stated that only an attempt to rape had been made by

her father-in-law. Charges have not yet been framed by the learned

Trial Court.

8.

The complainant is present in person and this Court has

questioned the complainant regarding the same. She stands by her

statement which she had given under Section 164 Cr.P.C. On a query

made by this Court, complainant, who is present in person, states that

she has entered into a compromise out of her own free will and

without any pressure, coercion or threat. She states that she has no

objection if the FIR is quashed.

9.

Though any case coming to an end is a welcome step as it

decreases the pendency of the Courts, more so, in matrimonial

offences quashing is welcome as it shows that parties have decided to

put an end to the lis as well as to the misery they undergo due to a

matrimonial case pending between them. The fact that now-a-days

Sections 376 and 354 of IPC are being used along with Section 498-A

IPC, which later on are compromised and are brought to this Court for

quashing, needs to be curbed. This Court appreciates the stand taken

by the complainant and her wish to move on in life as her future

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002249

depends on settlement of this matrimonial dispute and quashing of this

FIR. In case the FIR is not quashed in this case, the entire settlement

between the parties will come to an end. The complainant is a young

lady who is looking for a bright future for herself, which depends on

quashing of the present FIR pursuant to a settlem