Deepak Yadav & Ors. v. State NCT of Delhi & Anr.

Delhi High Court · 25 Mar 2021 · 2021:DHC:1100
Suresh Kumar Kait
CRL.M.C. 1012/2021
2021:DHC:1100
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC in a matrimonial dispute due to amicable settlement between the parties and absence of grievance.

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Crl.M.C. 1012/2021 HIGH COURT OF DELHI
Date of Decision: March 25, 2021
CRL.M.C. 1012/2021 & Crl.M.A. 5144/2021
DEEPAK YADAV & ORS. ..... Petitioners
Through: Mr. Nairit Bansal & Mr. Uday Chauhan, Advocates
VERSUS
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Izhar Ahmed, Additional Public Prosecutor for respondent No.1State with SI
Kalam Singh Respondent No.2 in person
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide present petition, quashing of FIR No.567/2019, under Sections 498A/406/34 IPC, registered at police station Sagarpur, Delhi and all other proceedings arising there-from is sought by petitioners

2. Notice issued.

3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for 2021:DHC:1100 State accepts notice and submits that respondent No.2 is present in the Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.

4. With the consent of the parties, the present petition is taken up for final hearing and disposal.

5. The marriage of petitioner- husband and respondent No.2wife was solemnized on 10.06.2017 and due to temporal differences, they started living separately since 16.11.2018. The dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that the parties have amicably settled their dispute and they are happily and peacefully living together for last one year.

7. Respondent No.2, present in the Court, submits that she has no grievance against the petitioners and to enable her to restore cordial relations with her husband and in-laws, proceedings arising out of FIR in question be brought to an end.

8. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.

9. For the reasons afore noted, FIR No.567/2019, under Sections 498A/406/34 IPC, registered at police station Sagarpur, Delhi and consequent proceedings emanating therefrom are hereby quashed.

10. The petition and pending application are accordingly allowed and disposed of.

JUDGE MARCH 25, 2021 r