Ms. Zohra Parveen @ Afasana vs State & Ors.
2008 Latest Caselaw 1386 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+           Crl. M.C. 2685/2008 & Crl. M.A. 9909-9910/2008


%                         DATE OF DECISION : 19th AUGUST, 2008


MS. ZOHRA PARVEEN @ AFASANA               ..... Petitioner

                              Through:    Mr. M.M. Rahman, Advocate.

                                Versus

STATE & ORS.                              ....Respondents

                              Through:    Mr. R.N. Vats, APP for the
                                          State with SI Surresh Chand,
                                          CAW-Cell/NE.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

1. Whether Reporters of local papers may                     No
   be allowed to see the judgment?
2. To be referred to the Reporter or not?                    No
3. Whether the judgment should be reported in the digest?    No


                        JUDGMENT

MANMOHAN, J: (ORAL)

1. The present petition has been filed under Section 482 of the Code

of the Criminal Procedure for quashing of FIR No. 226/2003 registered

with PS Welcome under Sections 498A, 406 and 34 IPC as well as the

proceedings arising therefrom and now pending in the Court of

Smt. Anuradha Shukla, M.M. Karkardooma Courts, Delhi.

2. Briefly stated, the facts of this case are that the Petitioner was

married to Zakir Hussan on 7th April, 1999. On 25th September, 2002, the

Petitioner made a complaint to the Joint Commissioner, Crime Against

Women Cell, Nanak Pura, New Delhi. In pursuance to the said complaint,

the impugned FIR was registered and subsequently a charge-sheet was

filed against Respondent Nos. 2 to 7.

3. However, due to the intervention of common relatives and friends in

the month of April, 2004 all the disputes between the parties were

amicably resolved and in pursuance thereto the Petitioner has returned

back to her matrimonial home and has been residing there since then.

4. The present petition is supported by an affidavit of the Petitioner,

Ms. Zohra Praveen, who is present in Court and who has been identified

by the IO, makes a statement that she has no objection if the impugned

FIR as well as the proceedings arising therefrom are quashed.

5. In my view, ends of justice would be subserved if the FIR

No. 226/2003 is quashed. Accordingly, FIR No. 226/2003 registered with

PS Welcome under Sections 498A, 406 and 34 IPC as well as the

proceedings arising therefrom and now pending in the Court of

Smt. Anuradha Shukla, M.M. Karkardooma Courts, Delhi, are quashed.

6. The present petition is accordingly allowed. Order dasti.

August 19, 2008                                          MANMOHAN, J.
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