Shri Harish Chander & Others vs State (Nct Of Delhi) And Another
2008 Latest Caselaw 1440 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         CRL.M.C.No.2788/2008

%                      Date of Decision: 25.08.2008

Shri Harish Chander & Others                          .... Petitioner

                       Through Mr.Mr.J.P. Suhag, Advocate along with
                               Petitioner No.1 in person.

                                 Versus

State (NCT of Delhi) and Another                      .... Respondents

                       Through Mr.R.N. Vats, APP for the State.
                               Respondent No.2 in person.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.   Whether reporters of Local papers may be               YES
     allowed to see the judgment?
2.   To be referred to the reporter or not?                  NO
3.   Whether the judgment should be reported in              NO
     the Digest?


ANIL KUMAR, J.

*

The petitioner No.1, Shri Harish Chander, and respondent No.2,

Smt.Sarita, are present with the counsel. Learned counsel contends

that the husband and the wife have resolved their disputes amicably

and they are living in the matrimonial home since July 24, 2008. It is

also contended that since they are living together, it will not be

conducive to continue the proceeding in FIR No.709/2005 under

Sections 406/498A/34 of Indian Penal Code lodged at Police Station

Samaipur Badli, for the future peace and harmony between the

petitioner No.1 and respondent No.2.

Let the statement of respondent No.2 be recorded.

The statement of respondent No.2, has been recorded who has

been identified by the counsel for petitioners, Shri J.P. Suhag. The

respondent No.2 has contended that she has started living with her

husband, petitioner No.1, since July 24, 2008. Since the petitioner

No.1 and respondent No.2 have started living together, no useful

purpose shall be served in continuing the proceedings pursuant to FIR

No.709/2005 under Section 406/498A/34 of Indian Penal Code lodged

at Police Station Samaipur Badli. It will not be in the interest of

matrimonial peace in case the proceedings pursuant to the above-said

FIR continue. It will also be in the interest of justice to quash the said

FIR and all the proceedings emanating therefrom in the facts and

circumstances.

Learned Additional Public Prosecutor, Mr.Vats, in the facts and

circumstances, has also no objection to quashing of FIR No.709/2005

under Section 406/498A/34 of Indian Penal Code lodged at Police

Station Samaipur Badli against the petitioners and all the proceedings

emanating therefrom.

In the totality of facts and circumstances, the FIR No.709/2005

under Section 406/498A/34 of Indian Penal Code lodged at Police

Station Samaipur Badli and all the proceedings emanating therefrom

against the petitioners including the proceedings pending before

Ms.Rekha, Metropolitan Magistrate, Rohini, Delhi, are quashed.

The petition is disposed of.

Dasti.

August 25, 2008                                ANIL KUMAR, J.
'Dev'