Ujjwal Chauhan & Ors. vs Nct Of Delhi & Anr.
2021 Latest Caselaw 382 Del

$~24
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 04.02.2021
+      CRL.M.C. 324/2021 & Crl.M.A. 1674-1675/2021
       UJJWAL CHAUHAN & ORS.           ..... Petitioners
                   Through: Ms. Richa Chauhan, Advocate

                        Versus

       NCT OF DELHI & ANR.                       ..... Respondents
                     Through:        Mr. Izhar Ahmed, Additional
                                     Public Prosecutor for
                                     respondent No.1/State with SI
                                     Usha Yadav, PS Malviya Nagar
                                     Mr. Mohit Kukreja, Advocate
                                     for respondent No.2
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                        J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

1. Quashing of FIR No. 766/2016, under Sections 498A/406/34 IPC, registered at police station Malviya Nagar, New Delhi is sought in this petition.

2. Notice issued.

3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for

respondent No.1/State accepts notice and submits that petitioners and

respondent No.2 are present through video conference and they have

been identified by the Investigating Officer of this case, who is also

present through video conferencing.

4. With the consent of learned counsel for the parties, the present

petition is taken up for final hearing and disposal.

5. Petitioner No.1 is the husband, petitioners No.2 & 3 are the

parents in law and petitioners No.4 & 5 are the sister in laws (nanad)

respondent No.2/complainant. Marriage between petitioner No.1 and

respondent No.2 was solemnized on 12.12.2013. However, due to

constraint relationship, they started living separately, which

culminated into registration of FIR in question.

6. The present petition has been filed on the ground that the

matrimonial dispute between the parties has been amicably resolved in

terms of Memorandum of Understanding/Compromise Deed dated

16.09.2017 and that parties are now living together.

7. 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/husband and therefore, the FIR in

question and proceedings emanating therefrom be quashed.

8. In view of the fact that respondent No.2, who is the complainant

of FIR in question, is happily living with petitioner/husband, this

Court is inclined to quash the FIR in question, as no useful purpose

would be served in continuing with the proceedings arising out of the

present FIR.

9. The petition is accordingly allowed and FIR No. 766/2016, under Sections 498A/406/34 IPC, registered at police station Malviya Nagar, New Delhi and proceedings emanating therefrom, are hereby quashed.

10. The petition is accordingly disposed of.

11. Pending application also stands disposed of.

12. The order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 04, 2021 r