Som Nath Pahwa And Ors. vs State
1991 Latest Caselaw 694 Del

JUDGMENT

V.B. Bansal, J.

1. Som Nath Pahwa and others have moved this petition under Section 482 of the Code of Criminal Procedure for quashing proceedings in FIR No. 350/89, P.S. Paschim Vihar, Delhi under Secs. 406/498A IPC.

2. Briefly stated the facts leading to the filing of this petition are that the petitioner No. 1 was married to respondent No. 2 on 1st May, 1987 and thereafter they started living together at Faridabad. Petitioner No. 2 is the other petitioner No. 3 is the brother & petitioner No. 4 is the Bhabhi of petitioner No. 1. On account of matrimonial differences between the parties respondent No. 2 lodged a report with P.S. Paschim Vihar being FIR 350/89 under Secs. 406 and 498A IPC complaining of harassment by the petitioners and also about their having misappropriated her Stridhan. After investigation, challan has and already been filed in Court. The differences continued between the petitioners respondent No. 2 on account of which Smt. Santosh Kumari respondent no 2 filed a petition for maintenance under Section 125 of the Code of Criminal Procedure against petitioner no, 1 in the Court of Metropolitan Magistrate Delhi.

3. Petitioner No. 1 filed a petition for divorce against respondent No. 2 in the Court of Addl. District Judge, Faridabad. However, the disputes between the parties were settled at the intervention of relatives of both the parties, as a result of which Smt. Santosh Kumari got her petition dismissed as withdrawn on 12th December, 1989 while petitioner No. 1 got his petition for divorce dismissed on 16th November, 1989. After the dispute was settled Santosh Kumari started residing with the petitioners and out of this wedlock she gave birth to a son.

4. Statements of Santosh Kumari respondent No. 2 and Som Nath Pahwa petitioner No. 1 have separately been recorded who have stated about the aforesaid facts. It has also been specifically stated by them that now dispute now remains and they are living a happy married life.

4. Considering all these facts, I am clearly of the view that ends of justice require that the proceedings under Sections 406/498A IPC pending against the petitioners in the Court of Shri J.K. Pali should not continue.

6 As a result the proceedings in case State v. Som Nath Pahwa and Ors., FIR No. 350/89 pending in the Court of Shri J.K. Pali, MM, Delhi stands quashed.