Israr @ Sonu & Ors vs State & Anr
2016 Latest Caselaw 1249 Del

#33
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 17.02.2016
W.P.(CRL) 519/2016
ISRAR @ SONU & ORS                             ..... Petitioners
                           Through:     Mr. Zakir Raza, Advocate

                           versus
STATE & ANR                                   ..... Respondents

Through: Mr. Sanjay Lao, ASC (Criminal) with Mr. Siddharth Sindhu, Advocate and ASI Krishan Pal, PS- Jafrabad, Delhi for R-1 Respondent No.2 in person CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

CRL.M.A.2852/2016 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

W.P.(CRL) 519/2016

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 (Cr.P.C.)

seeking quashing of FIR No.145/2015, under Section 498A/406/34 IPC,

registered at Police Station- Jafrabad, Delhi and the proceedings arising

therefrom.

2. It is nothing but good news as appositely stated by Ms. Sanjay Lao,

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 06.10.2015.

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 petitions under Section 125 of Cr.P.C. and Section 12 of

Protection of Women from Domestic Violence Act, 2005 instituted by the

complainant-wife shall be withdrawn unconditionally as per the terms and

conditions of the settlement agreement dated 06.10.2015.

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.145/2015, under Section 498A/406/34 IPC,

registered at Police Station- Jafrabad, Delhi and the proceedings arising

therefrom are hereby set aside and quashed qua the petitioner.

6. The writ petition is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J FEBRUARY 17, 2016 dn