Saibu Khan & ORS v. State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3181/2017 & Crl. M.A. no. 13129/2017 SAIBU KHAN & ORS ..... Petitioners Through : Mr. Jatin Rajput, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondents Through : Ms. Manjeet Arya, APP with SI Ramesh Kumar, P.S. Sultanpuri for the State Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.08.2017 It is submitted that petitioner no. 1 (husband) and respondent no. 2 (wife) have started living together for the last two years after resolving their differences, therefore, FIR No.176/2015 under Sections 498-A/406/34 IPC registered at Police Station Sultan Puri on the complaint of respondent no. 2, may be quashed. Petitioner nos. 2 to 8 are relatives of petitioner no. 1. It is noted that petitioner no. 3 has since died on 27th July, 2017, inasmuch as photocopy of the death certificate issued by Sri Balaji Action Medical Institute, A-4, Paschim Vihar, New Delhi has been handed over to the Investigating Officer.

Respondent no.2 is present in Court and has been identified by SI Ramesh Kumar, P.S. Sultanpuri.

Respondent no. 2 submits that she has settled the matter with the petitioners of her own free will and without any undue force, pressure or coercion and she is living with the petitioner no. 1 in the matrimonial home for the last two years. She further submits that she has no objection in case FIR is quashed.

Keeping in mind the fact that husband and wife have resolved their differences and have started living together, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, FIR No.176/2015 under Sections 498-A/406/34 IPC registered at Police Station Sultan Puri and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

AUGUST 17, 2017 rb