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High Court of DelhiCRL.M.C./5146/2018

Deepak Kashyap v. State & ANR.

2018-10-22Hon'Ble Ms. Justice Rekha Palli2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5146/2018 & Crl.M.A. Nos.33837/2018, 33838/2018 DEEPAK KASHYAP ..... Petitioner Through:

Mr.Dilip Kumar Singh, Adv with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Mukesh Kumar, APP for the State with ASI Bhagwan Sahay, PS Aman Vihar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 22.10.2018 1.

Vide the present petition, the petitioner/husband of respondent no.2 seeks quashing of the FIR No.1429/2016 under Sections 498A/406/34 IPC registered at PS Aman Vihar.

2.

Learned counsel for the petitioner submits that the complaint was lodged by the respondent no.2 under a misunderstanding and the parties are now living together happily.

3.

The petitioner and respondent no.2 are present in person with their baby daughter and have been identified by the Investigating Officer ASI Bhagwan Sahay, PS Aman Vihar. I have interacted with respondent no.2, who submits that she has no grievance against the petitioner and wants to stay with him.

4.

Mr.Mukesh Kumar, learned APP submits that the charge-sheet has not yet been filed in the matter and the allegations against the petitioner are a result of marital discord between the parties. He fairly submits that the State has no objection if the FIR No.1429/2016 under Sections 498A/406/34 IPC registered at PS Aman Vihar is quashed. 5.

Keeping in view the allegations and the specific stand of the parties that the disputes between them stand settled, I am of the considered opinion that no useful purpose will be served in case the criminal proceedings are allowed to continue against the petitioner and the interest of justice demands that the FIR and proceedings emanating therefrom are quashed.

6.

For the aforesaid reasons, the petition is allowed. As a result, the FIR No.1429/2016 under Sections 498A/406/34 IPC registered at PS Aman Vihar and all consequential proceedings emanating therefrom are quashed.

7.

The petition is disposed of in the above terms along with the pending applications.

REKHA PALLI, J OCTOBER 22, 2018 gm