Pooja & Ors vs State

Citation : 2011 Latest Caselaw 5082 Del
Judgement Date : 14 October, 2011

Delhi High Court
Pooja & Ors vs State on 14 October, 2011
Author: Suresh Kait
$~12
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C.No.3419/2011

%              Judgment delivered on:14th October, 2011

POOJA & ORS                                     ..... Petitioners
                               Through : Mr.Charanjeet, Adv.

                      versus

STATE                                           ..... Respondent
                               Through : Ms.Rajdipa Behura, APP
                               for State with SI Bal Singh, police
                               station Mandawli Fazalpur, Delhi
                               in person.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

     1. Whether the Reporters of local papers
        may be allowed to see the judgment?                   No.
     2. To be referred to Reporter or not?                    No.
     3. Whether the judgment should be reported
        in the Digest?                                        No.


SURESH KAIT, J. (Oral)

1. Learned counsel for the petitioners submits that vide FIR No.90/2011 dated 08.03.2011 case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioner Nos. 2 to 6 on the complaint of petitioner No.1 at police station Mandawli Fazalpur, Delhi. Crl.M.C.No.3419/2011 Page 1 of 3

2. Further submits that the matter has been resolved between the parties. Petitioner No.1 and petitioner No.2 are living together as husband and wife. In this eventuality, petitioner No.1 does not wish to continue with present case FIR against petitioner Nos.2 to 6.

3. Learned APP submits that investigating into the present matter is pending, therefore, charge-sheet yet to be filed.

4. Petitioner No.1 is present in the Court, who has been duly identified by SI Bal Singh, police station Mandawali Fazalpur, Delhi. She submits that she has no grievance against the petitioner Nos.2 to 6 and she is living happily with petitioner No.1 and none of the petitioners are now creating any problem rather keeping her with love and affection. Therefore, she has no objection if the present FIR is quashed against her husband and in-laws.

5. In the circumstances, in the interest of justice, in view of settlement between petitioner No.1 and petitioner No.2, FIR No.90/2011 under Section 498A/406/34 Indian Penal Code, 1860 registered against the petitioner Nos. 2 to 6 on the complaint of petitioner No.1 at police station Mandawli Crl.M.C.No.3419/2011 Page 2 of 3 Fazalpur, Delhi is hereby quashed.

6. Since the petitioner No.1 and petitioner No.2 are happily living as husband and wife, therefore, while quashing the FIR, I refrain in imposing any costs upon the petitioners.

7. Accordingly, Criminal M.C.No.3419/2011 is allowed and disposed of in above terms.

8. Dasti.

SURESH KAIT, J October 14th 2011 Mk Crl.M.C.No.3419/2011 Page 3 of 3