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High Court of DelhiCRL.M.C./4306/2016

Manoj Kaushik & ORS. v. State (NCT Of Delhi ) & ANR.

2016-11-18Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4306/2016 MANOJ KAUSHIK & ORS.

..... Petitioners Through:

Mr.S.B.Sharma, Adv. with Mr.Ramesh Kumar, Adv.

versus STATE (NCT OF DELHI ) & ANR.

..... Respondents Through:

Mr.G.M.Farooqui, APP for State with Sub Inspector Mohit, Police StationSagarpur Mr.Anil Babbar, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.11.2016 CRL.M.A.17934/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4306/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.191/2014, under Sections 498A/406/34 IPC, registered at Police StationSagarpur, Delhi. Learned counsel for the petitioners has submitted that the petitioner No.1 is the husband of respondent No.2/complainant Smt.Manju @ Disha who got married in the year and thereafter due to some

misunderstanding, the complainant registered FIR No.191/2014, under Sections 498A/406/34 IPC. Learned counsel for the petitioners has further submitted that due to the intervention of the relatives and friends, the matter between the petitioner-husband and the respondent No.2 is settled and the respondent No.2 has already joined the matrimonial home and are living together as husband and wife. Learned counsel for the petitioners further submits that all the disputes are sorted out by the friends and relatives and submits that the present FIR in question be quashed. Respondent No.2/ complainant, Smt.Manju @ Disha is present in Court today and is identified by the Investigating Officer, SI Mohit, Police Station-Sagarpur. Respondent No.2/complainant admits that she is residing with the petitioner-husband as wife and all the disputes have been sorted out. She further submits that she has no objection if the present FIR in question is quashed against the petitioner.

Accordingly, keeping in view the facts and circumstances of the case, since the respondent No.2/complainant is residing with the petitionerhusband and both are living happily, it is in the interest of the parties to lead the matrimonial obligations peacefully.

Consequently, I deem it appropriate to quash FIR No.191/2014, under Sections 498A/406/34 IPC, registered at Police Station-Sagarpur, Delhi and all proceedings emanating therefrom are quashed. The present petition is disposed of accordingly. I.S.MEHTA, J NOVEMBER 18, 2016/radhika