Vikash & Ors vs State
2012 Latest Caselaw 635 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. 347/2012

%              Judgment delivered on: 30th January, 2012

       VIKASH & ORS                        ..... Petitioner
                              Through: Mr. Narendra Singh Bisht, Adv.

                     versus

       STATE                     ..... Respondent
                              Through: Mr. Navin Sharma, APP for State.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Notice issued.

2. Ld. APP accepts notice on behalf of the State.

3. With the consent of the parties, instant petition is taken for disposal.

4. The instant petition has been filed by petitioners / accused and complainant jointly

5. Ld. Counsel for the petitioner has submitted that vide FIR no. 794 dated 13.10.2007, case under Section 498A/406/34 IPC was registered at PS-Rajouri Garden against petitioner no. 1 and 3 to 6 on the complaint of petitioner no. 2.

6. Ld. Counsel further submitted that thereafter, petitioner no. 2 / complainant has amicably settled all the issues qua the aforesaid FIR and for the last more than 2½ years, petitioner no. 1 and 2 are living

together as husband and wife.

7. It is further submitted that petitioner no. 2 / complainant is no more interested to pursue the case further and if the aforesaid FIR is quashed she has no objection.

8. Petitioner no.2 Ms. Manita is personally present in the court and in support of her identity she has produced her Voter I-Card bearing no. AKC1187483 issued by Election Commission of India. She has not rebutted what has been stated by ld. Counsel for the petitioner.

9. She further submits that she has no objection if the aforesaid FIR is quashed as she is living with petitioner no. 1 as husband and wife happily and no grievance left against the petitioners.

10. Ld. APP on the other hand submits that chargesheet has already been filed, however, all the accused persons were kept in Column no. 2 as the compromise between the parties already taken place during investigation. No purpose would be served to send the case for trial.

11. Keeping the statement of petitioner no. 2 that she is leading a happy married life with petitioner no. 1, therefore, in the interest of justice and in the interest of family of petitioner no. 1 and 2, FIR No. 794/2007 mentioned above registered at PS-Rajouri Garden is quashed.

12. Crl. M.C. 347/2012 is allowed on the above terms.

13. Dasti.

SURESH KAIT, J

JANUARY 30, 2012 jg