NADEEM KHAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By this petition, the petitioner seeks quashing of FIR No. 84/2019 under Sec. 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (in short the 'Act') and Sec. 323 IPC registered at PS Parliament Street on the complaint of respondent No.2 on merits.

(2.) Learned counsel for the petitioner contends that the ground on which the petitioner seeks quashing of the FIR in question is that FIR has been lodged with malafide, to wreck vengeance which is one of the criteria laid down by the Hon'ble Supreme Court in the decision reported as 1992 SCC (Crl.) 426 State of Haryana Vs. Bhajan Lal for quashing of the FIR. To buttress this contention, learned counsel for the petitioner states that there is a chequered history between the two parties.

(3.) Learned counsel for the petitioner states that the petitioner and respondent No.2 were married on 18/2/2018. On the complaint of the petitioner, FIR No. 185/2019 under Ss. 395/511/398/201/120-B/34 IPC and Sec. 25 Arms Act was registered at PS Pandav Nagar against the respondent No.2 and her associates wherein the allegations of the petitioner were that since the respondent No.2 was in an extra-marital alliance, she along with her paramour and others decided to kill the petitioner and in this regard hired two local goons and paid them a sum of Rs. 1 lakh who attempted an attack on the petitioner on 16/5/2019 and due to the sheer luck, the petitioner's life was saved. It is stated that thereafter the respondent No.2, her father and mother physically assaulted and threatened the petitioner within the Karkardooma Court premises on 21/6/2019 for which the petitioner lodged FIR No. 208/2019 under Sec. 323/341/506/34 IPC at PS Farsh Bazar.