Full Judgment Text
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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
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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
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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)