M S Sidhu vs State Of Delhi & Ors.
2011 Latest Caselaw 6325 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. No.4324/2011

%            Judgment delivered on:22nd December, 2011

M S SIDHU                                                   ..... Petitioner
                                          Through: Mr.Nitin Sangra,Adv.

                     versus

STATE OF DELHI & ORS.                       ..... Respondents
                   Through: Mr.Navin Sharma, APP for State
                   Mr.Dharmesh,Adv for R-2 with respondent
                   in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

1. Notice issued.

2. Mr.Navin Sharma, learned APP on behalf of respondent No.1/State and Mr.Dharmesh, learned counsel on behalf of respondent No.2 accept notice.

3. Learned counsel for parties submitted that vide FIR No.495/2001 dated 18.10.2001, case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioner on the complaint of respondent No.2 at police station Vikas Puri, New Delhi.

4. It is further submitted that respondent No.2 has settled all the

issues qua the aforesaid FIR with the petitioner, who is father-in-law, and vide ex parte divorce decree dated 02.01.2009, marriage between respondent No.2 and her husband (son of petitioner, who is still absconding) has been dissolved.

5. Respondent No.2 personally present in the Court who has been duly identified by her learned counsel. She submits that she does not wish to pursue the case against petitioner and prayed for quashing of the FIR.

6. Mr.Navin Sharma, learned APP for State, on instructions submits that after framing of charge, matter is pending for trial before learned Trial Court.

7. Keeping the settlement into view and dissolution of marriage between respondent No.2 and son of petitioner, in the interest of justice, FIR No.495/2001 under Section 498A/406/34 Indian Penal Code, 1860 registered at police station Vikas Puri, New Delhi and the proceedings emanating thereto, are hereby quashed qua the petitioner only.

8. Consequently, Criminal M.C.No.4324/2011 is hereby allowed and stands disposed.

9. Dasti.

SURESH KAIT, J

DECEMBER 29, 2011 Mk