Vinod & Ors vs State & Anr
2011 Latest Caselaw 5084 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CRL.M.C.No.3433/2011

%             Judgment delivered on:14th October, 2011

VINOD & ORS                                     ..... Petitioners
                              Through : Mr.M.S. Saifullah, Adv.

                     versus

STATE & ANR                                   ..... Respondent
                              Through : Ms.Rajdipa Behura, APP
                              for State with SI Ram Niwas,
                              CWC, North-East District, Delhi in
                              person.
                              Respondent No.2 in person.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

    1. Whether the Reporters of local papers
       may be allowed to see the judgment?                   No.
    2. To be referred to Reporter or not?                    No.
    3. Whether the judgment should be reported
       in the Digest?                                        No.

SURESH KAIT, J. (Oral)

Crl.M.A.No.12180/2011(delay)

For the reasons explained, delay of 33 days in refilling

stands condoned.

Criminal M.A. stands disposed of.

Crl.M.A.No.12179/2011(exemption)

Exemption is allowed subject to just exceptions.

Criminal M.A. stands disposed of.

Crl.M.C.No.3433/2011

1. Learned counsel for the petitioners submits that vide

FIR No.90/2008 dated 01.04.2008 case under Section

498A/406/34 Indian Penal Code, 1860 read with Section 3 &

4 Dowry Prohibition Act, 1961 was registered against the

petitioners on the complaint of respondent No.2 at police

station Khajuri Khas, Delhi.

2. Further submits that respondent No.2 and petitioner

No.1 after being amicably settled the matter, started living

together as husband and wife; and respondent No.2 does not

wish to continue with the present case FIR.

3. Respondent No.2 Smt.Vandana present in person in the

Court. She has been duly identified by the investigating

officer SI Ram Niwas, CWC, North-East District, Delhi. She

submits that she has settled all the issues qua the aforesaid

FIR with the petitioners and now she has been staying with

her husband/petitioner No.1 in matrimonial house for the last

three years. Meanwhile, they have been blessed with a son

also. She has no objection, if the present FIR is quashed.

4. In the circumstances, in the interest of justice, FIR

No.90/2008 under Section 498A/406/34 Indian Penal Code,

1860 read with 3 & 4 Dowry Prohibition Act, 1961 registered

against the petitioners on the complaint of respondent No.2

at police station Khajuri Khas, Delhi and proceedings arising

therefrom are quashed.

5. Since the petitioner No.1 and respondent No.2 are

happily living as husband and wife, therefore, while quashing

the FIR, I refrain in imposing any costs upon the petitioners.

6. Accordingly, Criminal M.C.No.3433/2011 is allowed and

disposed of in above terms.

7. Dasti.

SURESH KAIT, J

October 14th 2011 Mk