Mehruddin & Ors v. State

Delhi High Court · 18 Aug 2011 · 2011:DHC:10676
Suresh Kait
CRL. M.C. 2709/2011
2011:DHC:10676
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 328, and 34 IPC following reconciliation and settlement between the spouses, exercising its power under Section 482 CrPC.

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* IN THE HIGH COURT
+ cRL.M.C.2709l20Lt
MEHRUDDIN & ORS
OF DELHI AT NEW DELHI
,.... Petitioner
F.A. Banisreal, Adv.
1 in person.
Through : Mr. Petitioner No. o/o
STATE
VCTSUS..... ResPondent
Through : Ms. Ritu Gauba, APP for State.
Petitioner No.3/complainant in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAlr
18.08.2011 cRL. M.C. 2709/2011
ORDER

1. lssue notice. Ms. Ritu Guaba, learned APP for State accepts notice on behalf of State.

2. On the complainant of Petitioner No.3/Ms. Nargis, w/o Mr. Mehruddin, FIR No. 49 was registered on L[9].02.201L against the petitioners No. 1 and 2 under Sections 498A1328/34 Indian Penal Code, 1860 at PS Jafrabad.

3. Learned counsel for the petitioners submits that the matter has been settled between the parties and the petitioner No. 1 and Petitioner No. 3 are residing together again as husband and wife w.e,f. Ll-.03.zO1-L in lieu of settlement executed vide compromise deed dated 11.03.2OI!, which is annexed with the petition at annexure P-3.

4. The petitioner No.3/Ms. Nargis who is personally present in the court, and is duly identified by lO/ASl Jeet Singh, P.S. Jafrabad, submits that she is residing with her husband w.e.f. 11.03.2011 and she has no objection if the aforesaid FIR is quashed.

5. Since the petitioners No.1 and 3 have reconciled their D o 2011:DHC:10676 1/ disputes and are living together happily as husband and wife w.e.f. 11.03.2011, l quash the FIR 49l20ll registered under Sections 498A1328134 Indian Penal Code, 1860, PS Jafrabad and all the proceedi ngs emanating therefrom.

6. Keeping in view the poor financial condition of the parties, I refrain myself from imposing cost.

7. Crl. M.C 2709t20I1" is allowed and disposed of on the above terms. suREsH KAIT,J AUGUST 18, 201L j T o