Farida Jalal vs State & Another
2010 Latest Caselaw 3756 Del

30 & 31
$~
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+        W.P.(CRL) 1166/2010 & W.P.(CRL) 1168/2010


         FARIDA JALAL                             ..... Petitioner
                                Through:    Mr. Vinod Singh Rawat, Adv.
                       versus

         STATE & ANR                                      ..... Respondents
                                Through:    Mr. Sanjeev Bhandari, ASC for the State
                                            with Inspr. Sunil Kr. Singh.
                                            Mr.Zafar Sadique, Adv. for R-2.

         CORAM:
         HON'BLE MR. JUSTICE SANJIV KHANNA

                            ORDER

% 12.08.2010

1. Mr. Shakeel Ahmad, Mr.Moti-ur-Rehman and Ms. Farida Jalal are present

in person. Mr. Moti ur Rehman had made a complaint against the petitioner

herein pursuant to which FIR No.12/2007 under Sections

341/323/448/380/504/34 of the Indian Penal Code was registered at Police

Station Simri, District Darbhanga, Bihar. Similarly, Mr.Shakeel Ahmad had filed

a private complaint against Ms.Farida Jalal at Jamshedpur. Pursuant to the

order dated 15th April, 2008, the criminal proceedings pursuant to FIR

No.12/2007 and the private complaint were transferred to criminal Courts at

Delhi by the Supreme Court of India.

2. Ms.Farida Jalal had also made a complaint which had resulted in registration of FIR No.26/2007, P.S. New Friends Colony, Delhi, under Section498/406/34 IPC.

3. There was settlement and compromise between Ms.Farida Jalal and her ex-husband-Mr.Basid Rehman. They have separated and are now divorced. Vide order dated 28th May, 2010 criminal proceedings initiated pursuant to FIR No.26/2007 Police Station New Friends Colony were quashed in view of the

WP(CRL) 1166 & 1168/2010 Page 1 settlement agreement dated 20thMarch, 2003 entered into before the Delhi High Court Mediation and Conciliation Centre. Copy of the said order dated 28 th May, 2010 along with the settlement agreement dated 20th March, 2010 have been placed on record. An amount of Rs.17 lacs has been paid to Ms. Farida Jalal in terms of the settlement agreement.

4. Mr.Moti-Ur-Rehman and Mr. Shakeel Ahmad are father and brother of Mr. Basid Rehman, ex-husband of Ms.Farida Jalal. Let their statements be recorded on oath.

5. I have heard the statements made by Mr.Moti Ur Rehman and Mr. Shakeel Ahmad. I have also examined the allegations made in the private complaint and the FIR No. 12/2007. Keeping in view the settlement between the parties, I do not think any useful purpose will be served in continuing with the prosecution in the private complaint and the charge sheet filed pursuant to the FIR No.12/2007. FIR is accordingly quashed and the resultant proceedings emanating therefrom are dropped. The private complaint filed by Mr.Basid Rehman will be treated as dropped and withdrawn.

6. Ms. Farida Jalal, who is present in Court today states that she will be withdrawing her petition under Section 125 of the Cr.P.C.

The petitions are disposed of.

Dasti.

SANJIV KHANNA, J.

      AUGUST 12, 2010
      J/P




WP(CRL) 1166 & 1168/2010                                                   Page 2