#44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21st MARCH, 2016
+ W.P.(CRL) 907/2016
SANJAY CHAUHAN & ORS ..... Petitioners
Through: Mr. Sanjeev Kr. Baliyan, Advocate.
versus
STATE ( NCT OF DELHI) & ANR ..... Respondent s
Through: Ms. Kamna Vohra, APP for the State with SI Sarla, PS Janakpuri.
Respondent No. 2 in person.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL SIDDHARTH MRIDUL, J (ORAL) CRL.M.A. No. 4972/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(CRL) 907/2016
1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) Writ Petition (Crl.) 907/2016 Page 1 of 3 seeking quashing of FIR No.70/2014, under Sections 498A/406/34IPC, registered at Police Station- Janakpuri, Delhi and the proceedings arising therefrom.
2. The subject FIR has been registered at the instance of respondent No.2 against her husband, petitioner No.1, herein and other members of his family.
3. Ms. Indu, respondent no. 2/complainant (wife) in the subject FIR, who is present in person in Court today and has been identified by the Investigating Officer in the subject FIR namely SI Sarla, Police Station Janakpuri; and petitioner, who is present in person, state that with the intervention and counseling of elders in the family as well as friends, the disputes that led to the registration of the subject FIR have been resolved amicably. Respondent No. 2 further states that she has been living with her husband happily since September, 2015, after the subject FIR came to be registered, and in view of the same, she is no longer keen to proceed with the subject FIR and the proceedings emanating therefrom.
4. Notice.
Writ Petition (Crl.) 907/2016 Page 2 of 3
5. Ms. Kamna Vohra, learned Additional Public Prosecutor appearing on behalf of the official respondent accepts notice and fairly does not oppose the petition in view of the facts and circumstances as afore-stated.
6. It would only be fair and appropriate to enable the couple to renew their vows and live happily ever after.
7. While wishing the reunited couple a long and happy life, it would be just, expedient and necessary to remove the only road-block that may become an obstacle in their path of happiness. In view of the foregoing, I see no impediment in allowing the present writ petition.
8. Resultantly, the FIR No. 70/2014 under Sections 406/498A/34 IPC registered at Police Station- Janakpuri, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua the petitioners.
9. With the above directions, the writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J MARCH 21, 2016 AK Writ Petition (Crl.) 907/2016 Page 3 of 3