Sansar Pal v. State & Ors

Delhi High Court · 12 Aug 2011 · 2011:DHC:9248
V.K. Shali
CRL.M.C. 1426/2011
2011:DHC:9248
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, 506, and 34 IPC on the ground of reconciliation between husband and wife, exercising its inherent powers under Section 482 Cr.P.C.

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HIGH COURT OF DELHI
CRL.M.C. 1426/2011 (u/S 482 Cr.P.C.)
SANSAR PAL Petitioner
Through IMr.Dev Dutt, Adv.
VERSUS
STATE & ORS Respondents
Through IMr.Naveen Sharma, APP
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
12.08.2011
ORDER

1. This is a petition for quashing of FIR no.405/2003, u/S 498A/406/506/34 IPG registered by P.S. I^ehrauli in respect of which charge sheet is pending in the Court of learned MM, Sal<et Courts.

2. The ground for quashing of the aforesaid FIR is that the petitioner no.l/husband has settled all his matrimonial differences with the respondent no2/wife as a consequence of which, both of them are living together at the matrimonial home situated at 618/FA, Ravi Das Gali, Biswas Nagar, New Delhi.

3. The husband and the wife are present in Court and have supported the averments made in the petition by way of affidavits and have been duly identified by the learned counsel for the petitioners. 2011:DHC:9248 •4 •i

4. The averments made in the petition have also been supported by the affidavits of Sh.Bir Sain and Ms.Shish Kaur who happen to be the parents in law of the respondent no.2.

5. It has also been pointed out that there is also a minor child from the wedlock.

6. The respondent no2/complainant has expressed her desire for quashing of the aforesaid FIR on the ground that she has reconciled all the matrimonial disputes with her husband and is living happily with him at her matrimonial home.

7. In'view of the aforesaid reconciliation between the husband and the wife, I feel that, no useful purpose would be served by keeping the aforesaid FIR and the consequent proceedings pending before the Magistrate.

8. Accordingly, the aforesaid FIR no,405/2003, u/S 498A/406/506/34 IPC registered by P.S. Mehrauli and the consequent proceedings are quashed. However, the respondent no.2 shall be free to lodge a fresh FIR in the event of her being subjected to any cruelty with regard to the demand of dowry.

9. Accordingly, the petition is disposed of. V.K. SHALI.J AUGUST 12, 2011 RN 3-