High CourtsSingle Bench(2021) 02 DEL CK 0037

Anant Dhawan & Anr vs Govt Of Nct Of Delhi & Anr

Delhi High Court · Decided on 4 February 2021

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 328 Of 2021, Criminal Miscellaneous Application No. 1687 Of 2021

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Judgment

23 paragraphs · 349 words

Suresh Kumar Kait, J

The hearing has been conducted through video conferencing.

1.

Quashing of FIR No. 494/2018, under Sections 498A/406/34 IPC, registered at police station Dabri Delhi is sought in this petition.

2.

Notice issued.

3.

Mr.G.M.Farooqui, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that petitioners and respondent No.2

are present through video conference and they have been identified by the Investigating Officer of this case, who is also present through video

conferencing.

4.

With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.

5.

Petitioner No.1 is the husband and petitioner No.2 is the mother-in-law of respondent No.2/complainant. Marriage between petitioner No.1 and

respondent No.2 was solemnized on 26.05.1998 and they were blessed with two children out of this wedlock. However, due to stringent relationship,

they started living separately since 27.11.2017, which culminated into registration of FIR in question.

6.

The present petition has been filed on the ground that the matrimonial dispute between the parties has been amicably resolved and the factum of

settlement stands recorded in the order of 19.10.2020 passed by the learned Principal Judge, Family Court, New Delhi. It is stated that parties now

living together since 22.10.2020.

7.

Respondent No.2, present in the Court, submits that the dispute with petitioners has been amicably resolved and she is happily and peacefully living

with petitioner/husband and therefore, the FIR in question and proceedings emanating therefrom be quashed.

8.

In view of the fact that respondent No.2, who is the complainant of FIR in question, is happily living with petitioner/husband, this Court is inclined to

quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.

9.

The petition is accordingly allowed and FIR No. 494/2018, under Sections 498A/406/34 IPC, registered at police station Dabri Delhi and

proceedings emanating therefrom, are hereby quashed.

10.

The petition is accordingly disposed of.

11.

Pending application also stands disposed of.

12.

The order be uploaded on the website of this Court forthwith.