Vipul Kakkar vs State (Nct Of Delhi) & Anr.
2015 Latest Caselaw 8316 Del

#32
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Date of decision: 3rd November, 2015


+        W.P.(CRL) 2525/2015

         VIPUL KAKKAR                                  ...... Petitioner
                                 Through   Mr. Prem Bhushan Dewan and Ms.
                                           Gurjeet Kaur, Advocates along with
                                           petitioner
                                 versus

         STATE (NCT OF DELHI) & ANR.         ..... Respondents

Through Mr. Rajesh Mahajan, ASC (Crl.) for the State SI Manzoor Alam, P.S. Mukherjee Nagar Respondent no. 2/complainant in-

person CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

W.P.(CRL) 2525/2015 and Crl. MA No. 16149/2015 (Exemption)

1. The present is a petition under Article 226 of the Constitution of India

seeking quashing of FIR No. 50/2012 under Sections 406/498A/34 IPC

registered at Police Station- Mukherjee Nagar, Delhi and the proceedings

arising therefrom.

2. The facts in brief are that the petitioner No.1 (husband) was married to

respondent No.2 (wife) according to Hindu rites and customs on 12th August,

2006 at Delhi. One minor girl namely Ridhi Kakkar has been born out of the

said wedlock. Owing to some differences, the respondent No.2 (wife)

instituted a complaint against the petitioner no.1 (husband) which has

fructified into the subject FIR.

3. The parties to the union i.e. petitioner no. 1 (husband) and respondent

no.2 (wife) who are present in Court today, state that they are residing

together happily since 15th May, 2015 and therefore, the respondent no.2

(wife) is no longer keen to proceed with the subject FIR and the proceedings

emanating therefrom.

4. Notice.

5. Mr. Rajesh Mahajan, learned Addl. Standing Counsel (Crl.) appearing

on behalf of the official respondent accepts notice and fairly does not oppose

the petition in view of the facts and circumstances afore-stated.

6. In view of the foregoing, the present writ petition is allowed.

7. Resultantly, the FIR No. 50/2012 under Sections 406/498A/34 IPC

registered at Police Station- Mukherjee Nagar, Delhi and the proceedings

arising therefrom are hereby set aside and quashed qua the petitioner.

8. The writ petition is disposed of accordingly.

SIDDHARTH MRIDUL, J NOVEMBER 03, 2015 sd