Firoz Khan vs State And Anr.
2003 Latest Caselaw 404 Del

JUDGMENT

R.C. Chopra, J.

1. Crl. M. No. 1346/2003

Learned counsel for the petitioners as well as learned counsel for respondent No. 2 pray that FIR No. 607/1999 registered with P.S. Hazrat Nizamuddin under Sections 406/498-A read with Section 34 of IPC and the proceedings in pursuance thereof may be quashed for the reason that the parties have resolved all their disputes and differences amicably and are residing together for the last about three years. The complainant, who is present in person, prays that in view of their reunion, the aforesaid FIR and the proceedings emanating there from may be quashed.

2. After considering the submissions made by learned counsel for the parties and the facts and circumstances of the case. This Court is of the considered view that it is a fit case in which in exercise of powers under Section 482 of the Code of Criminal Procedure, FIR and the proceedings emanating there from, should be quashed. The FIR was registered on account of the matrimonial disputes between the parties, which appear to have been resolved as the couple has reunited and is living happily for the last about three years. It is in the interest of the State as well as the parties that such disputes are amicably resolved. Since in the present case, the couple is living together, there is no purpose in compelling them to prosecute the criminal proceedings in which they have lost all their interest.

In view of the foregoing reasons, in exercise of powers under Section 482 of the Code of Criminal Procedure, FIR No. 607/1999 registered with P.S. Hazrat Nizamuddin under Sections 406/498-A read with Section 34, IPC and the proceedings in pursuance thereof stand quashed.

The petition stands disposed of accordingly.

Crl. M. No. 1734/2003

Dismissed as infructuous.

Copy dusty to both the parties.