Yatin Arroa & ORS v. State & ANR

$~14&17 *

IN THE HIGH COURT

OF DELHI AT NEW DELHI + W.P.(CRL) 476/2018 & Crl. M.A. No.2817/2018 YATINARORA&ORS Petitioners Through Petitioners with their counsel Ms.

Rekha Aggarwal, Adv.

versus STATE & ANR Respondents Through Mr. Rajesh Mahajan, ASC for the State along with SI Shubhangi.

Complainant with her counsel Mr. P.

Banerjee, Adv.

+ W.P.(CRL) 491/2018 & Crl. M.A. No.2914/2018 YATINARROA&ORS Petitioners Petitioners with their counsel Ms.

Rekha Aggarwal, Adv.

Through versus STATE & ANR Respondents Mr. Rajesh Mahajan, ASC for the State along with SI Nipendra.

Complainant with her counsel Mr. P.

Banerjee, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

ORDER

Through % 16.02.2018 The petitioners are seeking quashing of the present FIR i.e. FIR No.0033/2017 has been registered on the complaint of Ms. 'HA' By:AMULYA

under Sections 498-A/406/377/354 read with Section 34 of the IPC at Police Station Preet Vihar against the husband of the complainant as also her in-laws. The second FIR No.561/2016 has been registered on the complaint of one Ms. 'GK' (paternal aunt of Ms. 'HA') under Sections 323/506/509 read with Section 34 of the IPC at Police Station Madhu Vihar. Section 354 was also added pursuant to the statement of the complainant recorded under Section 164 of the Cr.PC.

Essential it was a matrimonial dispute which has triggered all these proceedings.

It is stated that the married couple i.e. Yatin Arora and Ms. 'HA' have settled their disputes and in fact they have agreed to go in for divorce by mutual consent.

Their First Motion under Section 13 (b)(i) of the HMA has been recorded and the Section Motion will be recorded shortly thereafter.

The Second Motion shall be conducted within a period of one week; learned counsel for the complainant will prepare the petition within three days and the same be signed by the husband and the Section Motion will accordingly be filed before the Court within an outer limit of one week. In terms of their settlement, they have exchanged their dowry articles. Parties have no claim or dispute left against one another. No child was bom out of their wedlock. They have agreed to separate. Accordingly in the fitness of things, it would be appropriate if the prayer made in the present petitions be granted. To secure the ends of justice, FIR-No.0033/2017 registered under Sections 498A/406/377/354 read with Section 34 of the IPC at Police Station Preet Vihar and FIR No.561/2016 registered under Sections 323/506/509

read with Section 34 of the IPC at Police Station Madhu Vihar and all proceedings emanating thereto are quashed.

/ Petitions disposed of.

\/- INDERMEET KAUR, J FEBRUARY 16, 2018