Faizuddin & Ors v. State

Delhi High Court · 22 Jul 2011 · 2011:DHC:10588
Suresh Kait
CRL.M.C. 2264/2011
2011:DHC:10588
criminal appeal_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 and absence of grievance by the complainant.

Full Text
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$-15 HIGH COURT OF DELHI
CRL.M.C. 2264/2011
FAIZUDDIN & ORS Petitioners Througli: Ms.lsha Khanna, Advocate
VERSUS
STATE Respondent
Through: Mr.ivi. P. Singh, APP for State with
ASI Kishan Lai, CAW Cell, Central District, Kannla Market, Delhi in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
22.07.2011
ORDER

1. The FIR bearing No.131/2009 under Section 498A/406/34 Indian Penal Code has been registered on 08.09.2009 at Police Station Darya Ganj against the Petitioner No.l, husband & petitioner Nos.[3] to 7, being relatives on the complaint of petitioner No.2.

2. Thereafter the parties appeared before the Mediation Centre on 30.10.2009 where both the parties settled their disputes and decided to stay together and live their married life.

3. Learned counsel for petitioners submits that since November, 2009 petitioner No.l and petitioner No.2 are living happy together.

4. The petitioner No.2, wife Of petitioner No.l has no grievance against the petitioner No.l or his family members qua the FIR CRL.M.C. 2264/2011 2011:DHC:10588 No.131/2009 dated 08.09.2009 registered at Police Station Darya Ganj.

5. Since the petitioner No.l and petitioner No.2 Mrs.Nasreen have reconciled their differences and are living together and are present in the Court. Petitioner No.2 Mrs.Nasreen who is personally present in the Court submits that she has no grievance against the petitioner No.l or his relatives; and she has no objection, if the present FIR is quashed. The good thing is that they have reconciled their issues and she has joined her matrimonial home, hence, the Courts should not interfere.

6. In the interest of justice, the present FIR No.131/2009 registered at Police Station Darya Ganj is hereby quashed. Any proceedings arising therefrom also stands quashed.

7. As both parties have reconciled and settled their disputes, I, therefore, defer imposing of costs upon them, while quashing the aforesaid FIR-

8. In view of above, CrI.M.C. No.2264/2011 stands allowed.

SURESH KAITJ JULY 22, 2011 Mk