Gresta Kujur & Anr vs State
2012 Latest Caselaw 1021 Del

$~23
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CRL.M.C. 4201/2011 & Crl.M.B.No.283/2012

%           Judgment delivered on:14th February, 2012

GRESTA KUJUR & ANR                           ..... Petitioners
                 Through : Mr.C.M.Thapliyal & Mr.S.P.Paul,
                 Advs with both petitioners in person.

                    versus

STATE                                               ..... Respondent
                             Through : Mr.Navin Sharma, APP for State
                             with W/ASI Mukti, police station South
                             Campus, Dhaula Kuan in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. On 09.02.2012, following order was passed by this Court:-

"4 Vide the instant petition, the petitioners have sought to quash the FIR no.41 of 2011 under Section 376/506 Indian Penal Code, 1860 registered at PS-Dhaula Kuan against petitioner no.2 on the complaint of petitioner no.1.

5 It is stated in the petition that subsequent to the registration of the FIR, petitioner no.2 has realized his mistake and though he forcibly had sex with petitioner no.1, however since they were in love and were having an affair, both the petitioners are ready to marry each other.

        6      Petitioner no. 2 is in jail.
       7      I note memorandum of understanding

they have compromised all the issues qua the aforementioned FIR, which is signed by both the petitioners. The same has been attested by Deputy Superintendent, Central Jail no. - 1, Tihar, New Delhi.

8 Vide the instant application filed by petitioner No.2 for grant of interim bail for the reason that he wants to marry with petitioner No.1/prosecutrix. An affidavit has also been filed by the prosecutrix thereto, along with MOU dated 30.09.2012. Moreso she is present in person with her brother-in- law namely Amit s/o Sh. Rajender Mandal. 9 Prosecutrix/petitioner No.2 is duly identified by IO/W.ASI Mukti.

has passed away and her mother is seriously ill. She further submits that she wants to marry with petitioner No.2/accused as she has resolved all disputes without any pressure, threat, coercion or undue influence from any corner whatsoever. She further prays that petitioner No.2/accused be released on interim bail and both the petitioners will report before the court after the marriage is performed.

11 Learned APP for State opposes the bail application and submits that there is a possibility that the application is being moved with ulterior motive and if this court is inclined to grant bail to petitioner No.2, then some condition be imposed so that the version of the applicant can be tested.

12 Further submits that the case is pending before trial court and is at the stage of final arguments, for this purpose it is listed

for 15.02.2012. Moreso, prosecutrix has supported the case of prosecution. The prosecutrix has deposed against accused/petitioner No.1 and the trial court may convict the petitioner No.2 after hearing the arguments.

2. Though, during trial the prosecutrix has supported the prosecution and learned Trial Court has slated the matter for final arguments on 15.02.2012.

3. But in the peculiar circumstances, when the instant petition has been filed jointly by the prosecutrix and the accused and has sought for quashing of the aforementioned FIR.

4. On 09.02.2012, petitioner No.2 was released on interim bail till today.

5. In the interregnum, on 11.02.2012 petitioner No.1 and petitioner No.2 have married each other at Arya Samaj Vedic Marriage Mandal, 2115, Jamuna Bazar, Delhi - 110006. In this regard, a certificate dated 11.02.2012 has been produced which has been duly signed by the Pandit / priest who performed the marriage and also counter-signed by Pradhan of said mandal and witnessed by two persons.

6. Photographs of marriage numbering one to five have also been produced by learned counsel for petitioners. Same are taken on record.

7. In the photographs, parents i.e. father and brother of petitioner

No.2 and brother-in-law of petitioner No.1 are also seen. Both are present in the Court. The marriage has been solemnised by both the petitioners without any coercion, threat or pressure.

8. Learned counsel for petitioners has further submitted that since the date of marriage, both petitioners are living as husband and wife, therefore, no purpose would be served to continue the proceedings against petitioner No.2.

9. In the facts and circumstances, if I do not allow the instant petition, the greater injustice be caused to the prosecutrix. Two life would be ruined. The family life of the petitioners would be endangered and petitioner No.1/prosecutrix will remain in lurch, and this is not the intention of the law.

10. In the peculiar circumstances, as petitioners have married each other and are happily residing as husband and wife, in the interest of justice, FIR No.41/2011 registered against petitioner No.2 at police station Dhaula Kuan and proceedings emanating thereto are hereby quashed.

11. Accordingly, Criminal M.C.No.4201/2011 is allowed and stands disposed of.

12. Consequently, Crl.M.B.No.283/2012 does not require further adjudication and stands disposed of. Bail bond cancelled and surety stands discharged.

13. Copy of order be sent to learned Trial Court and Jail Superintendent, for information.

14. Dasti.

SURESH KAIT, J

FEBRUARY 14, 2012 Mk