Inayat Luhera & Ors. vs State Of Nct Of Delhi &Anr.;
2016 Latest Caselaw 2093 Del

#22
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                            Date of Decision: 16th March, 2016

+      W.P.(CRL) 848/2016 and Crl. MA No. 4700/2016


       INAYAT LUHERA & ORS.                             ..... Petitioners
                   Through             Mr. Sougata Ganguly and
                                       Mr. Rukban Tyagi, Advocates along with
                                       petitioners

                          versus

       STATE OF NCT OF DELHI &ANR.              ..... Respondents
                     Through  Ms. Richa Kapoor, ASC (Crl.)
                              ASI Urmila, PS Chanakya Puri
                              Ms. Shweta Sain, Ms. Lakshana Oberoi,
                              Mr. Brijesh Oberoi and Mr. Ashish
                              Sharma, Advs. for Resp. No. 2 along
                              with Resp. No. 2/complainant

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J. (ORAL)

Crl. MA No. 4700/2016 (Exemption)

1. Exemptions allowed subject to all just exceptions.

2. The application stands disposed of accordingly.

W.P. (CRL.) 848/2016

1. The present is a petition under Article 226 of the Constitution of India

read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter

referred to as 'the Code') seeking quashing of FIR No. 239/2014 under Sections

377/406/498A/34 IPC registered at Police Station- Chanakya Puri, Delhi and

the proceedings arising therefrom.

2. The learned counsel appearing on behalf of the petitioners states that the

respondent no.2/complainant (wife) has entered into an amicable settlement of

the marital dispute that led to the registration of the subject FIR and that a total

settlement of Rs. 8.5 lakhs has been entered into between the parties; out of

which a sum of Rs. 6 lakhs has already been received by the respondent no.

2/complaint (wife) and a decree of divorce by mutual consent dated 15th

December, 2015 has already been obtained by the parties to the marriage.

3. However, in view of the serious allegations levelled by the complainant

in the subject FIR as well as her statement recorded under Section 164 of the

Code before the learned Magistrate on 16th January, 2015, leading to the

addition of Section 377 IPC to the subject FIR, in my opinion, the subject FIR

cannot be quashed, as the allegations levelled therein prima facie tantamount to

mental depravity.

4. The above view has been arrived at in the light of the decisions of the

Hon'ble Supreme Court in Gian Singh vs. State of Punjab and Anr. reported as

(2012) 10 SCC 303 and State of M.P. vs. Madan Lal reported as (2015) 7 SCC

681.

5. In view of the foregoing, the present writ petition is devoid of merit and

is accordingly dismissed.

SIDDHARTH MRIDUL, J MARCH 16, 2016/sd