Wasim Anwar vs State Of Nct Of Delhi

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 289 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NOS. 9388 OF 2017]

WASIM ANWAR Appellant(s)

VERSUS

STATE OF NCT OF DELHI & ANR. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant approached this Court, aggrieved by

the impugned Judgment dated 20.02.2017 passed by the

High Court of Delhi in Crl. M.C. No. 703 of 2017.

The High Court declined to exercise its jurisdiction

under Section 482 Cr.P.C. for quashing of FIR No. 258

of 2014 on the file of Police Station Jafrabad,

Delhi, which is now Crl. Case No. 81869 of 2016

pending before the Metropolitan Magistrate, District

Shahdara, Karkardooma District Courts, Delhi.

Signature Not Verified

3. The complainant and the accused are husband and Digitally signed by MAHABIR SINGH Date: 2018.02.22 10:58:34 IST Reason: wife. Ms. Geeta Luthra, learned senior counsel, has

pointed out that the dispute essentially is 2

matrimonial. The parties are present before us

today. It is submitted that the disputes between the

parties have been sorted out and they have arrived at

an agreement to settle all the cases between them.

In terms of the agreement, the husband has today

handed over a Demand Draft for a sum of Rs.1,00,000/-

(Rupees One Lakh) to the complainant-wife, which she

duly acknowledged.

4. We are informed that another sum of Rs. 95,000/-

(Rupees Ninety Five Thousand) will be handed over to

the complainant when the remaining case, pertaining

to FIR No. 591 of 2014 registered at Police Station

Neb Sarai, Delhi, pending before the High Court of

Delhi is disposed of.

5. We also hasten to note that the settlement has

been arrived at before the Principal Councillor of

the Family Court, Saket. The settlement is taken on

record and shall form part of this Judgment.

6. Since the parties have settled the disputes among

themselves and they are at peace, we do not find any

reason for continuing the criminal case. Be it noted

that even if the parties are sent to trial, the same

is only to end up in acquittal in view of the 3

settlement and the submissions made by the defacto

complainant before this Court. In the above

circumstances, the appeal is allowed and the Judgment

dated 20.02.2017 passed by the High Court is set

aside. FIR No. 258 of 2014 on the file of Police

Station Jafrabad, Delhi is quashed.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ MOHAN M. SHANTANAGOUDAR ]

New Delhi;

February 19, 2018.

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ITEM NO.44 COURT NO.5 SECTION II-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) 9388 OF 2017

WASIM ANWAR Appellant(s)

VERSUS

STATE OF NCT OF DELHI & ANR. Respondent(s)

(IA No.11574/2018-PERMISSION TO APPEAR AND ARGUE IN PERSON FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 124105/2017)

(FOR EXEMPTION FROM FILING O.T. ON IA 124106/2017)

Date : 19-02-2018 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

Counsel for the parties Mr. Geeta Luthra, Sr. Adv.

Mr. R. S. Jena, Adv.

Mr. Ujjwal Jain, Adv.

Mr. Ajay Amritraj, Adv.

Mr. Ashish Prakash, Adv.

Mr. B. V. Balram Das, Adv.

Mr. Anil Kaushik, Adv.

Mr. Tanmaya Mehta, Adv.

Mr. Rajinder Singh, Adv.

Mr. Abhishek Mishra, Adv.

Ms. Arunima Dwivedi, AOR

Respondent-in-person

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed in terms of the signed non-reportable

Judgment.

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Pending Interlocutory Applications, if any, stand disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)