Anant Dhawan & Anr. vs Govt Of Nct Of Delhi & Anr.
2021 Latest Caselaw 384 Del

$~26
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision: 04.02.2021
+      CRL.M.C. 328/2021 & Crl.M.A. 1687/2021
       ANANT DHAWAN & ANR.              ..... Petitioners
                  Through: Mr. Ashok Tobria, Advocate
                           with petitioners

                           Versus

       GOVT OF NCT OF DELHI & ANR.       ..... Respondents
                    Through: Mr.G.M.Farooqui, Additional
                              Public Prosecutor for
                              respondent No.1/State with WSI
                              Harender, PS Dabri
                              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. 494/2018, under Sections 498A/406/34 IPC, registered at police station Dabri Delhi is sought in this petition.

2. Notice issued.

3. Mr.G.M.Farooqui, 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 and petitioner No.2 is the mother-

in-law of respondent No.2/complainant. Marriage between petitioner

No.1 and respondent No.2 was solemnized on 26.05.1998 and they

were blessed with two children out of this wedlock. However, due to

stringent relationship, they started living separately since 27.11.2017,

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

and the factum of settlement stands recorded in the order of

19.10.2020 passed by the learned Principal Judge, Family Court, New

Delhi. It is stated that parties now living together since 22.10.2020.

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. 494/2018, under Sections 498A/406/34 IPC, registered at police station Dabri 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