Dishant Thakur & Ors. v. State & Anr.

Delhi High Court · 29 Jul 2011 · 2011:DHC:10832
Suresh Kait
CRL.M.C. 2401/2011
2011:DHC:10832
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the ground of reconciliation between the parties before framing of charges.

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$-15 I HIGH COURT OF DELHI
CRL.M.C. 2401/2011
DISHANT THAKUR & ORS ..... Petitioner
Through : Mr.R. P. Sharma, Adv.
VERSUS
STATE & ANR ..... Respondent
CORAM:
Through : Ms.Rajdipa Behura, APP for R-1 with 51 Chander Pal Singh, CAW Cell, Nankpura, New Delhi in person.
Mr.Ajay Mehrotra, Advocate for R-2 with respondent No.2 in person.
HON'BLE MR. JUSTICE SURESH KAIT
29.07.2011 Cri.M.A. No.8735/2011 (exemption)
Exemption allowed subject to just exceptions.
Criminal M.A. stands disposed of.
Cri.M.C. No.2401/2011
ORDER

1. In the instant case, FIR bearing No.Sl/2009 was registered under Section 498A/406/34 Indian Penal Code, 1860 against petitioner No.1 Dishant Thakur, husband and petitioner Nos.[2] to 7, his relatives on the complaint of respondent No.2 Smt.Divya Thakur @ Mamta at police station CAW Cell, Nanakpura, New Delhi.

2. Learned APP for State submits that charge-sheet has already been filed against the petitioners and pending for consideration, however, charge has yet not been framed. CRL.M.C.2401/2011 Page 1 of[3] 2011:DHC:10832:2------

3. Learned counsel for petitioners submits that respondent No.2 has amicably settled the dispute with her husband, petitioner No.1 and his relative petitioners Nos.[2] to 7. He further submits that respondent No.2 does not wish to pursue this case further.

4. Respondent No.2 Smt.Divya Thakur @ Mamta, wife of Dishant Thakur, petitioner No.1 is presently present in the Court and she has been identified by 51 Chander Pal Singh, CAW Cell, Nanakpura, New Delhi. Respondent No.2 has also produced her original voter identity card issued on 23.10.2008 by the Election Commission of India bearing No.UJE0898205 issued in her name. Original seen and returned to respondent No.2.

5. Respondent No.2 submits that she has reconciled the issue mentioned in the aforementioned FIR and for the last one year, she is living married life with petitioner No.1 happily. She further submits that she does not want to pursue this case further and she has no objection, if the present FIR is quashed.

6. Since the matter has been reconciled with the intervention of the Mediation Centre, Tis Hazari Courts, Delhi, therefore, in the interest of justice, and for the welfare of the family, I quash the FIR bearing No.81/2009 u/s 498A/406/34 Indian Penal Code, 1860 registered at police station CAW Cell, Nanakpura, New Delhi. CRL.M.C.2401!2011 Page 2 of[3]

7. Since the parties have reconciled the matter and decided to live together, therefore, in the interest of justice, I defer in imposing the costs.

8. Criminal M.C. No.2401/2011 stands allowed.

9. Dasti. JULY 29, 2011 Mk CRL.M.C.2401!20ll SURESH KAIT,J Page 3 of[3]