Kamal Shandilya & Ors v. State & Anr

Delhi High Court · 14 Jul 2011 · 2011:DHC:15409
Suresh Kait
Crl.M.C. 2153/2011
2011:DHC:15409
criminal appeal_allowed

AI Summary

The Delhi High Court quashed the FIR under Sections 498A, 406, and 34 IPC following divorce and remarriage of the complainant, holding that continuation of criminal proceedings was unwarranted.

Full Text
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$-32 HIGH COURT OF DELHI
CRL.M.C. 2153/2011
KAMAL SHANDILYA & ORS ..... Petitioner STATE & ANR
CORAM:
Through : Mr. Raj Kumar, Advocate
VERSUS
..... Respondent
Through: Mr. Arvind K Gupta, APP for R-1 with 51 Surender Ahlawat, PS Hari Ngr in person.
Mr. R. S. Malhan, Advocate for R-2.
HON'BLE MR. JUSTICE SURESH KAIT o/o
14.07.2011 Crl.
M.A. No.7821/2011 (exemption)
ORDER

1. Exemption is allowed subject to just exceptions. MA stands disposed of. Crl. M.C. No.2153/2011

2. The FIR bearing No.624/2007 was registered against the Petitioner No.1, husband and Petitioner Nos.[2] to 7, the relatives of the Petitioner No.1 under Section 498A/406/34 Indian Penal Code, 1860 at Police Station Hari Nagar.

3. Learned counsel for Petitioners submits that vide order dated 24.11.2010, a decree of divorce under Section 13(b)(2) of the Hindu Marriage Act was passed.

4. The Respondent No.2. Ms.Swati Shandilya who is present in Cri.M.C. No.2153/2011 2011:DHC:15409 the Respondent No.2 and she has accepted the same without any protest.

8. The Respondent No.2 has further informed this Court that she has re-married and staying with her husband. Since the matter has already been settled, in the interest of justice for both the families, I hereby quash the FIR No.624/2007, under Section 498A/406/34 Indian Penal Code, 1860 PS Hari Nagar and any proceedings out of the said FIR is also quashed.

9. Accordingly, Criminal M.C. No.2153/2011 is allowed. JULY 14, 2011 Mk Cri.M.C. No.2153/2011 ~/ SURESH KAIT,J