High Court of DelhiCRL.M.C./5413/2018

Akash Sharma & ORS. v. State & ANR.

2018-10-25Hon'Ble Mr. Justice A.K. Pathak2 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5413/2018, CRL.M.A.34861/2018 AKASH SHARMA & ORS.

..... Petitioners Through : Mr.Sidharth Yadav, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Through : Mr.Azhar Ahmad, APP for the State with SI Khajan Singh, PS Pahar Ganj, Delhi.

Mr.Netrapal Singh, Advocate for respondent No.2 with respondent No.2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 25.10.2018 This is a petition under Section 482 CrPC filed by the petitioners for quashing of the FIR No.862/2015 under Section 498A/406/34 IPC registered at police station Pahar Ganj, Delhi on the complaint of respondent No.2.

It is alleged respondent No.1 and petitioner No.1 were married to each other on 06.07.2014. They have two issues from this wedlock. Due to some disputes, they started living separately and respondent No.2 lodged complaint against petitioners which culminated into FIR. However, both the parties entered into settlement dated 01.10.2018 CRL.M.C. 5413/2018

and respondent No.2 joined her matrimonial home and now both of them are living happily; hence this petition for quashing of the FIR. The respondent No.2/complainant duly identified by the Investigating Officer concerned says she has no objection, if the aforesaid FIR is quashed against the petitioners and she has now joined the matrimonial home.

The learned APP informs pursuant to investigation, charge sheet has been filed against the petitioners before learned Trial Court however since respondent No.2 has joined the matrimonial home and living happily with the petitioner No.1, he has no objection if the FIR is quashed by this Court.

In view of above statements made by the parties, FIR No.862/2015 under Section 498A/406/34 IPC registered at police station Pahar Ganj, Delhi against the petitioners and all the consequent proceedings emanating therefrom are quashed. The petition is disposed of in above terms. Pending application is also disposed of as infructuous. Order dasti. YOGESH KHANNA, J OCTOBER 25, 2018 M CRL.M.C. 5413/2018