Ashfaque & Ors. v. State & Anr.

Delhi High Court · 15 Jul 2011 · 2011:DHC:15447
Suresh Kait
CRL.M.C. 2161/2011
2011:DHC:15447
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, and 34 IPC and all proceedings therefrom as the parties had reconciled and the complainant withdrew her grievance.

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~­ ·' $-28 ' HIGH COURT OF DELHI
CRL.M.C. 2161/2011
ASHFAQUE & ORS ..... Petition.ers
Through:Mr. M.P. Singh, Advocate
VERSUS
STATE & ANR ..... 'Respondents
Through:Mr. M.P. Singh, APP for the State with
JUDGMENT

51 Amit Bhardwaj, PS Malviya Nagar Mr. Dhanajay Purl, Adv. for R-2 CORAM: HON.BLE MR.

JUSTICE SURESH IUtiT ORDER /o 15.07.2011 Crl. M.A. No.7854/2011(exemption) Allowed, subject to just exceptions. Crl. M.A. No.7853/2011(delay) Keeping in view the averments made in the application, the delay in filing the petition is condoned. Application stands disposed of. CRL.M.C. 2161/2011

1. An FIR No.533/2009 was registered against the petitioner No.1 Ashfaque and his relatives who are petitioner Nos. 2 to 7 herein under Section 498-A/406/34 of the IPC at PS Malviya Naiga, New Delhi. After investigation charge sheet has already been filed, but the charge has not yet been framed. ' 2011:DHC:15447 ·--

2. Ld. counsel for the petitioners submits tlilat now the petitioner No.1 Ashfaque and the respondent No.2 Smt. Shazia, both husband and wife, are living a happy married life. The respondent No.2 Smt. Shazia, who is present in the Court, states that sh·e is living with her husband happily and does not have any grievance against the petitioner No.1 and his relatives, petitioner Nos. 2 to 7 herein. Respondent No. 2 Smt. Shazia is identified by 51 Amit Bhardwaj, PS Malviya Nagar.

3. Since the respondent No.2 and the petiltioner No.1 are living a happy married life and no useful purpose will be served in continuing the criminal proceedings, therefore, in the interest of justice FIR No.533/2009 registered at PS Malviya Na~ga, New Delhi under Section 498-N406!34 of the IPC and all proceedi·ngs emanating therefrom are hereby quashed.

4. CRL.M.C. No. 2161/2011 stands disposed of. JULY 15, 2011 RS ~ SURE$H.KA!IT,J