Rakesh Kumar & Ors vs Stae & Anr

Citation : 2011 Latest Caselaw 4917 Del
Judgement Date : 30 September, 2011

Delhi High Court
Rakesh Kumar & Ors vs Stae & Anr on 30 September, 2011
Author: Suresh Kait
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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C.No.3054/2011

%              Judgment delivered on:30th September,2011

RAKESH KUMAR & ORS                   ..... Petitioners
                 Through : Mr.Durgesh Gupta , Adv.

                      versus

STAE & ANR                                         ..... Respondent
                              Through : Ms.Ritu Gauba, APP for State
                              with SI Madhu Sharma, IO in person.
                              Respondent No.2 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                  NO
        in the Digest?

SURESH KAIT, J. (Oral)

1. Learned counsel for the petitioners submits that vide FIR No.625/1996 dated 12.11.1996 a case under Section 498A/406 Indian Penal Code, 1860 was registered against the petitioners on the complaint of respondent No.2 at police station Okhla Industrial Area, New Delhi.

2. Further submits, vide agreement dated 14.05.2007, the Crl.M.C.No3054/2011 Page 1 of 3 matter has been resolved between both the parties and have settled all the issues qua the aforesaid FIR and since then petitioner No.1 and respondent No.2 are happily living together as husband and wife.

3. Respondent No.2 present in person. She has been duly identified by the investigating officer. Respondent No.2 submits that she has settled all the issues with the petitioners and she has joined her matrimonial house with petitioner No.1 since 14.05.2007. She has no objection, if the present FIR is quashed.

4. Keeping the fact into view that petitioner No.1 and respondent No.2 have reconciled their issues and started living together, in the interest of justice, FIR No.625/1996 under Section 498A/406 Indian Penal Code, 1860 registered against the petitioners at police station Okhla Industrial Area, New Delhi and proceedings arising therefrom are hereby quashed.

5. Since both the parties have resolved their issues qua the aforesaid FIR, I am refraining in imposing any costs. Crl.M.C.No3054/2011 Page 2 of 3

6. Accordingly, Criminal M.C.No.3054/2011 is allowed and disposed of in above terms.

7. Dasti.

SURESH KAIT, J September 30th, 2011 Mk Crl.M.C.No3054/2011 Page 3 of 3