Sanjay Kumar & Anr. vs N.C.T. Of Delhi & Anr.
2019 Latest Caselaw 6308 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Date of decision: December 06, 2019
+      W.P.(CRL) 3413/2019

       SANJAY KUMAR & ANR.                              ..... Petitioners
                   Through:           Ms. Richa Dewan, Mr. Gaurav
                                      Aggarwal & Ms. Somya Goel,
                                      Advocates with petitioners in
                                      person.
                         Versus

       N.C.T. OF DELHI & ANR.                            ..... Respondent
                       Through:       Mr. G.M. Farooqui, Additional
                                      Public Prosecutor for respondent
                                      No.1 /State with SI Jitender
                                      Respondent No.2 in person.
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                         JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 534/2013, under Sections 498A/406/34 IPC, registered at police station Sangam Vihar, Delhi is sought on the ground that the matrimonial dispute stands amicably resolved between the parties and petitioner No.1/husband and respondent No.2/wife are living happily together.

Notice.

Mr. G.M. Farooqui, learned Additional Public Prosecutor for respondent No.1/State, accepts notice and submits that petitioners as well

as respondent No.2/complainant are present in the Court and they have been duly identified by Investigating Officer of this case.

Respondent No.2, present in the Court, submits that the dispute with petitioners has been amicably resolved and she is happily and peacefully living with petitioner No.1/husband and therefore, to restore cordiality between the parties, the FIR in question and proceedings emanating therefrom be quashed.

In view of the fact that respondent No.2, who is the complainant of FIR in question, is happily living with petitioner/husband, FIR No. 534/2013, under Sections 498A/406/34 IPC, registered at police station Sangam Vihar, Delhi and proceedings emanating therefrom, are hereby quashed qua petitioners while making it clear that if the marriage of respondent No.2/complainant with petitioner No.1/husband gets into rough weather, she would be at liberty to revive these proceedings.

This petition and application stand disposed of accordingly.

Dasti.

(BRIJESH SETHI) JUDGE DECEMBER 06, 2019 r