Hon'ble Supreme Court in "B.S. Joshi & Ors. Vs State of Haryana & Anr.", AIR

Delhi High Court · 19 Apr 2010 · 2010:DHC:14447
..... Respondents; Complainant/Respondent no. 2 in person; Inspector Manoj Pant SHO Preet Vihar; HON'BLE MR. JUSTICE P.K. BHASIN; 19.04.2010; Although the report is that respondent no. 2 has not served since she is not; residing at the given address but s
CRL.M.C. 143/2010
2010:DHC:14447
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed criminal proceedings under Sections 498-A and 34 IPC arising from matrimonial disputes following amicable settlement and divorce by mutual consent, relying on the Supreme Court precedent in B.S. Joshi.

Full Text
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.~· HIGH COURT OF DELHI
CRL.M.C. 143/2010
DEEPAK GUPTA & ORS
Through:
STATE&ANR
Through:
CORAM: ..... Petitioners Mr. Alok Sharma, Advocate
VERSUS
..... Respondents Mr. Pawan Behl, APP for the State/R-1
Complainant/Respondent no. 2 in person Inspector Manoj Pant SHO Preet Vihar
HON'BLE MR. JUSTICE P.K. BHASIN
19.04.2010 Although the report is that respondent no. 2 has not served since she is not residing at the given address but she has appeared on her own and is identified by the investigating officer who is also present in Court.
The complainant says that since all the disputes between her and the petitioners stands resolved amicably and even her marriage with petitioner no. 1 stands dissolved by a decree of divorce by mutual consent vide
ORDER
dated 9th September, 2008 of the learned Additional District Judge which also records the terms of the compromise, she is no more interested the prosecution of the petitioners/accused.
Learned APP for the State submits that in view of the amicable settlement of the matrimonial disputes between the petitioners and respondent no.
2/complainant even the State has no objection keeping in view the decision of the
Hon'ble Supreme Court in "B.S. Joshi & Ors. Vs State of Haryana & Anr.", AIR

2003 SC 1386, if the criminal proceedings arising out of FIR No. 549/2006 registered at PS Preet Vihar and pending in the Court of Ms. Sunaina Sharma, Metropolitan Magistrate, Karkardooma Courts, Delhi are quashed. CRL.M.C. 143/2010 Page 1 of2 2010:DHC:14447 t In view of the aforesaid position, this Court is also of the view that no useful purpose would be served by continuing the prosecution of the petitioners. This petition is accordingly allowed. FIR No. 549/2006 registered at PS Preet Vihar under Sections 498-A/34 IPC and the criminal proceedings arising there from and pending in the Court of Ms. Sunaina Sharma, Metropolitan Magistrate, Karkardooma Courts, Delhi are quashed. P.K. BHASIN,J APRIL 19, 2010 I

CRL.M.C. 143/2010 Page 2 of2 2010:DHC:14447