Sanjay Chauhan & Ors vs State ( Nct Of Delhi) & Anr
2016 Latest Caselaw 2257 Del

#44
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Date of decision: 21st MARCH, 2016

+        W.P.(CRL) 907/2016

         SANJAY CHAUHAN & ORS                                   ..... Petitioners

                                Through:   Mr. Sanjeev Kr. Baliyan, Advocate.

                                versus

         STATE ( NCT OF DELHI) & ANR                          ..... Respondent s

Through: Ms. Kamna Vohra, APP for the State with SI Sarla, PS Janakpuri.

Respondent No. 2 in person.

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

CRL.M.A. No. 4972/2016 (Exemption)

1. Exemptions allowed subject to all just exceptions.

2. The application stands disposed of.

W.P.(CRL) 907/2016

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.70/2014, under Sections 498A/406/34IPC,

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

therefrom.

2. The subject FIR has been registered at the instance of respondent No.2

against her husband, petitioner No.1, herein and other members of his

family.

3. Ms. Indu, respondent no. 2/complainant (wife) in the subject FIR, who

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

Investigating Officer in the subject FIR namely SI Sarla, Police Station

Janakpuri; and petitioner, who is present in person, state that with the

intervention and counseling of elders in the family as well as friends, the

disputes that led to the registration of the subject FIR have been resolved

amicably. Respondent No. 2 further states that she has been living with her

husband happily since September, 2015, 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.

4. Notice.

5. Ms. Kamna Vohra, learned Additional Public Prosecutor appearing on

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

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

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

their vows and live happily ever after.

7. 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. In view of the foregoing, I

see no impediment in allowing the present writ petition.

8. Resultantly, the FIR No. 70/2014 under Sections 406/498A/34 IPC

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

therefrom are hereby set aside and quashed qua the petitioners.

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

accordingly.

SIDDHARTH MRIDUL, J MARCH 21, 2016 AK