Atulesh Singh & Ors vs State & Anr
2016 Latest Caselaw 2094 Del

#23
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Date of decision: 16th MARCH, 2016

+        W.P.(CRL) 850/2016 and Crl. MA No. 4632/2016 (Exemption)

         ATULESH SINGH & ORS                          ..... Petitioners
                      Through             Mr. S.K. Pandey, Advocate

                                versus

         STATE & ANR                                  ..... Respondents

Through Mr. Jamal Akhtar for Mr. Rahul Mehra, Standing Counsel (Crl.) SI Raman Pratap, PS CWC, Nanak Pura, Delhi 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. 68/2014 under Sections 406/498A/34 IPC

registered at Police Station- CAW Cell, Nanakpura, Delhi and the

proceedings arising therefrom.

2. Amrita Singh, 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, SI Raman Pratap, Police

Station- CAW Cell, Nanakpura, Delhi, states that she has settled all her

outstanding matrimonial disputes with her husband- Atulesh Singh 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 the past one year, 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. Jamal Akhtar, learned counsel appearing on behalf of Mr. Rahul

Mehra, learned Standing Counsel (Crl.) for 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. 68/2014 under Sections 406/498A/34 IPC

registered at Police Station- CAW Cell, Nanakpura, Delhi and the

proceedings arising therefrom are hereby set aside and quashed qua the

petitioners subject to their depositing a sum of Rs. 20,000/- in aggregate with

the Victims' Compensation Fund within a period of two weeks from today.

A copy of the receipt thereof be provided to the Investigating Officer in the

subject FIR.

7. With the above directions, the writ petition is allowed and disposed of

accordingly.

SIDDHARTH MRIDUL, J MARCH 16, 2016 sd