Harish & Ors vs State & Anr.
2016 Latest Caselaw 1294 Del

#10
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision: 18th FEBRUARY, 2016

+        W.P.(CRL) 428/2016 and Crl. MA No. 2307/2016 (Exemption)

         HARISH & ORS                                           ...... Petitioners
                                Through     Mr. Varun Kashyap, Advocate along
                                            with petitioner no. 1

                                versus

         STATE & ANR.                                      ..... Respondents

Through Mr. Sanjay Lao, Addl. Standing Counsel (Crl.) ASI Madan Mohan, PS Nangloi Respondent no. 2/complainant in-

person 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

seeking quashing of FIR No. 232/2013 under Sections 406/498A/34 IPC

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

therefrom.

2. Mamta Devi, respondent no. 2/complainant (wife) in the subject FIR,

who is present in Court in person today and has been identified by the

Investigating Officer in the subject FIR namely, ASI Madan Mohan, Police

Station- Nangloi, Delhi states that she has settled all her outstanding

matrimonial disputes with her husband- Harish as well as the other

petitioners, who are her in-laws. She further states that she has been living

in her matrimonial home happily since a couple of months after the subject

FIR came to be registered and in view of the same, she is no longer keen to

proceed with the subject FIR and the proceedings emanating therefrom.

3. Notice.

4. Mr. Sanjay Lao, 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.

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

6. Resultantly, the FIR No. 232/2013 under Sections 406/498A/34 IPC

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

therefrom are hereby set aside and quashed qua the petitioners.

7. The writ petition and the pending application are disposed of

accordingly.

SIDDHARTH MRIDUL, J FEBRUARY 18, 2016/sd