Rakesh Malik vs The State (Nct Of Delhi) & Anr
2016 Latest Caselaw 1191 Del

#37

         IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                 Date of decision: 15.02.2016

W.P.(CRL) 488/2016 & Crl. M.A. 2633/2016


RAKESH MALIK                                              ..... Petitioner

                           Through:      Mr. Vipin Nandwani, Adv.



                           versus



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

Through: Ms. Nandita Rao, ASC with Mr. Srilina Roy, Adv. for State.

SI Des Raj, PS Vikas Puri.

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

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

read with Section 482 of the Code of Criminal Procedure, 1973 seeking

quashing of FIR No.1161/2015 under Section 498A/406/34 IPC registered at

Police Station- Vikas Puri and the proceedings arising therefrom.

2. It is nothing but good news as appositely stated by Ms. Nandita Rao,

learned Additional Standing Counsel (Criminal) appearing on behalf of the

police. It is further stated that the petitioner-husband as well as the

complainant-wife on account of whose matrimonial discord the subject FIR

came to be registered, have reconciled their differences and have been living

together happily, once again since 13th December, 2015.

3. It would only be fair and appropriate to enable the couple to renew

their vows and attempt to live happily ever after. I am also informed at the

Bar that the petition seeking divorce instituted by the husband has since been

withdrawn unconditionally.

4. Consequently, while wishing the reunited couple a long and happy

life, it would be just expedient and necessary to remove the only road-block

that may become an obstacle in their path of happiness.

5. Resultantly, FIR No.1161/2015 under Section 498A/406/34 IPC

registered at Police Station- Vikas Puri and the proceedings arising

therefrom are hereby set aside and quashed qua the petitioner.

6. The writ petition is allowed and disposed of.

7. A copy of this order be given dasti under signatures of Court Master

to counsel for the parties.

SIDDHARTH MRIDUL, J FEBRUARY 15, 2016 sr