Smt. Anita And Others vs The State Nct Of Delhi
2010 Latest Caselaw 2041 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                        Crl.M.C. No. 1196/2010

%                   Date of Decision: 19th April, 2010


#     SMT. ANITA & OTHERS                                .....PETITIONERS

!                   Through:     Petitioners with their counsel
                                 Mr. Ajay Biltoria.


                                       VERSUS

$     THE STATE N.C.T. Of Delhi                          .....RESPONDENT

^ Through: Mr. R.N. Vats, Additional Public Prosecutor.

CORAM:

Hon'ble MR. JUSTICE S.N. AGGARWAL

1. Whether reporters of Local paper may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether the judgment should be reported in the Digest?

S.N.AGGARWAL, J (ORAL) Crl.M.A. No. 4846/2010 in Crl. M.C. No. 1196/2010

Exemption as prayed for is granted subject to all just exceptions.

Crl. M.C. No. 1196/2010 & Crl.M.A. No. 4847/2010 (for stay)

This is a joint petition filed by the petitioners for quashing of FIR No.

12/2007 under Sections 498-A/406/34 IPC with Police Station Gandhi

Nagar got registered by petitioner No. 1 against petitioners No. 2 to 12.

2. Mr. R.N. Vats, learned Additional Public Prosecutor, accepts notice

on behalf of the respondent State.

3. With the consent of counsel for both the parties, this petition has

been taken up for final disposal at this stage itself.

4. The petitioner No. 1 was married with petitioner No. 2 according to

Hindu rites & ceremonies at Delhi on 27.11.2004. There were

matrimonial disputes between the couple on account of which FIR in

question was got registered by petitioner No. 1 against petitioners No. 2

to 12. During pendency of the criminal trial against petitioners No. 2 to

12, the petitioner No. 1 is stated to have amicably settled her

matrimonial disputes with them and pursuant thereto, the petitioner No.

1 and petitioner No. 2 have agreed to live together. In fact, petitioner No.

1 is living with her husband in the house of her in-laws since 27.09.2008.

She is present in Court along with her counsel. The petitioner No. 1 says

that she is on her family way and has no dispute with her in-laws

including her husband. She has no objection to the quashing of the FIR in

question and the criminal proceedings arising out of the said FIR pending

against petitioners No. 2 to 12 in the Court of of Ms. Suchi Shahmiri,

Metropolitan Magistrate, Karkardooma Courts, Delhi.

5. Since the parties have amicably settled their matrimonial disputes,

no useful purpose is likely to be served by keeping the criminal case

pending against the petitioners No. 2 to 12 alive

6. In the facts and circumstances of the case stated above, the FIR

No. 12/2007 under Sections 498-A/406/34 IPC with Police Station Gandhi

Nagar is quashed. The criminal proceedings arising out of the said FIR

pending against petitioners No. 2 to 12 in the Court of of Ms. Suchi

Shahmiri, Metropolitan Magistrate, Karkardooma Courts, are ordered to

be dropped.

APRIL 19, 2010                                  S.N.AGGARWAL, J
'BSR'