Full Text
Date of Decision: 3rd November, 2015
VIPUL KAKKAR ...... Petitioner
Through Mr. Prem Bhushan Dewan and Ms. Gurjeet Kaur, Advocates along with petitioner
Through Mr. Rajesh Mahajan, ASC (Crl.) for the State
SI Manzoor Alam, P.S. Mukherjee Nagar Respondent no. 2/complainant in- person
SIDDHARTH MRIDUL, J (ORAL)
JUDGMENT
1. The present is a petition under Article 226 of the Constitution of India seeking quashing of FIR No. 50/2012 under Sections 406/498A/34 IPC registered at Police Station- Mukherjee Nagar, Delhi and the proceedings arising therefrom. 2015:DHC:9140-DB
2. The facts in brief are that the petitioner No.1 (husband) was married to respondent No.2 (wife) according to Hindu rites and customs on 12th August, 2006 at Delhi. One minor girl namely Ridhi Kakkar has been born out of the said wedlock. Owing to some differences, the respondent No.2 (wife) instituted a complaint against the petitioner no.1 (husband) which has fructified into the subject FIR.
3. The parties to the union i.e. petitioner no. 1 (husband) and respondent no.2 (wife) who are present in Court today, state that they are residing together happily since 15th May, 2015 and therefore, the respondent no.2 (wife) is no longer keen to proceed with the subject FIR and the proceedings emanating therefrom.
4. Notice.
5. Mr. Rajesh Mahajan, learned Addl. Standing Counsel (Crl.) appearing on behalf of the official respondent accepts notice and fairly does not oppose the petition in view of the facts and circumstances afore-stated.
6. In view of the foregoing, the present writ petition is allowed.
7. Resultantly, the FIR No. 50/2012 under Sections 406/498A/34 IPC registered at Police Station- Mukherjee Nagar, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua the petitioner.
8. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J NOVEMBER 03, 2015 sd