Salman Ahmad & Anr v. State & Ors

ORDER

23.tt.2011 By this petition the Petitioners who are the husband and wife seek quashing of FII{ No. 15012011 under Section 363 IPC registered at PS Nabi Karim, Delhi on the cornplaint of Respondent No. 5, the mother of the Pctitioner No. 2. The Petitioners who are present in Court state that the Petitioner No.2 had reached the age the puberty thus under the Muslim Personal Law the Petitioner No. 2 is eligible to contract a mamiage. On a proper maniage being performed the Petitioner No. I is her lawfut guardian hence no w.P.(cRL) 1400/2011 Page I of 2 (? case under Section 363 IPC is madq out. Further Responden! No. 5/Cornplainant, the mother of Petitioner No. 2 is present, who is identified by her counsel. She states that since the Petitionqr No. 2 has performed a nikah of her own free will with the Petitioner No. 1 as per the Muslirn Personal Law she has no objection thereto and she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. In view of the fact that the parlies have lawfully contracted the marriage, the Petitioner No. 1 is the lawful guardian of Petitioner No. 2 and the Respondent No. 5 has no objection to the abovementioned FIR being quashed, no useful purpose will be served in continuance of the proccedings, rather the same would create further acrimony between them. Thus it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Consequently, FIR No. 15012011 under Section 363 IPC registered at PS Nabi Karim, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgrnent of their statements made before this Court. fhe petition and the pending application are disposed of. Order dasti. WL"rb-MUKTA GUPTA. J. NOVEMBER 23,2OII/'VN' w.P.(cRL) 1400/2011 3J"*^ ,$f,..r^^e tr tlisn, , u-fu

{ 45# $- * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.p.(Cnr) I40Q|2Q11 & Crl. M.A. No. 12Q8912011 (Direction) , SALMAN AHMAD & ANR ..... Petitioners Through: Mr. Alarngir and Mr. I'Iafiz, Advocates with Petitioners in person. VETSUS STATE & ORS ..... Respondents Through: N4r. Arnit Singh Rathore, Advocate for Mr. Saleem Ahmed, Additional Standing Counsel with SI Mohit, PS Nabi Karirn. Mr. Chetan Lokur, Advocate for Respondent No. 5 with Respondent No. 5 in person. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA