Hitesh & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ HITESH & ORS ..... Petitioners Through Ms. Meenu Chaudhary, Advocate.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr. Rajesh Mahajan, ASC along with Mr. Lokesh Chandra, Advocate.

SI Jitendera Negi, Police Station Neb Sarai, New Delhi.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 26.04.2017 Crl. MA No. 2057/2017 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

Crl. MA No. 2058/2017 (delay) For the reasons stated in the application, the delay of 25 days in refilling the petition is condoned.

The application is allowed.

This is a petition seeking quashing of the First Information Report

bearing No. 269/2015 dated 28.02.2015 registered at P.S. Neb Sarai for the offence under Sections 498A/406/34 IPC (later Section 354 was also added), on the strength of the parties having decided to put a quietus to the dispute. The petitioner No. 1 is the husband of the respondent No. 2, whereas, the other petitioners are related to petitioner No. 1. The petitioner No. 1 was married to respondent No. 2 in the year 2014 in accordance with the Hindu Religious Rights. However, within a period of less than six months, petitioner No.1 and respondent No.2 could not live peacefully as man and wife and a complaint came to be lodged in CAW Cell, Saket, New Delhi leading to the registration of the subject FIR. During the pendency of the investigation, a petition under Section 125 of Code of Criminal Procedure was also filed by the respondent No.2. While the parties were seeking bail in the case, the matter was referred to the Mediation Centre, where, the parties decided to bury all hatchet and decided to end all disputes.

Consequently, the petition under Section 125 of the Code of Criminal Procedure filed by the respondent No 2 was withdrawn. The petitioner No. 1 and respondent No. 2, now, stand divorced by a decree of the Court. Whatever claims the respondent No. 2 had out of the matrimonial relationship, has been given to her.

The parties are present in the Court. This Court is of the view that the arrangement between the parties is legal and valid. No useful purpose would be served in keeping the investigation of this case pending. Considering the aforesaid facts, the FIR No. 269/2015 dated 28.02.2015 , P.S. Neb Sarai, under Sections 498A/406/34 IPC and all

the emanating proceedings therefrom are quashed. The petition is disposed of in terms of the above. ASHUTOSH KUMAR, J APRIL 26, 2017 rs