Mukesh & Ors v. State & Anr

Delhi High Court · 25 Jul 2011 · 2011:DHC:10602
Suresh Kait
CRL.M.C. 2291/2011
2011:DHC:10602
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 498-A IPC on the ground of amicable settlement and reconciliation between the husband and wife, allowing the petition to prevent abuse of process.

Full Text
Translation output
$-28 HIGH COURT OF DELHI
CRLM.C. 2291/2011
MUKESH & ORS Petitioner Througli : In person
VERSUS
STATE & ANR Respondents
Through : Mr. M.P. Singh. APP for the State with SI Raghubir Singh, PS
Najafgarh.
M. Anil Gupta, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
25.07.2011
ORDER

1. Vide FIR No.273/2004 a case under Section 498-A of the Indian Penal Code was registered at P.S. Najafgarh on 13.05.2004 agaisnt the petitioners.

2. Petitioner No. 1 Shri Mul<esh Kumar s/o Late Shri Budh Ram and the respondent No. 2 Smt. Santosh, wife of petitioner No. 1 are personally present in the Court and submit that they have amicably settled the issues qua the aforesaid FIR and decided to stay together as husband and wife.

3. Respondent No. 2 submits that since she is happily staying with petitioner No. 1, therefore, she has no grievance 2011:DHC:10602 against both the petitioners and does not want to pursue the matter further. She further states that she has no objection if the aforesaid FIR is quashed.

4. Since the petitioner No.l and the respondent No.2 are staying together as husband and wife and have reconciled their disputes, therefore, in the interest of justice I quash the aforesaid FIR No.273/2004 registered at P.S. Najafgarh under Section 498-A of the Indian Penal Code and all criminal proceedings emanating therefrom.

5. Accordingly, CRL.M.C. 2291/2011 is allowed.

6. Dasti.

SURESH KAIT, J July 25, 2011 RS y-