Full Text
HIGH COURT OF DELHI
Date of Decision: 04.02.2021
ANANT DHAWAN & ANR. ..... Petitioners
Through: Mr. Ashok Tobria, Advocate with petitioners
Through: Mr.G.M.Farooqui, Additional Public Prosecutor for respondent No.1/State with WSI
Harender, PS Dabri Respondent No.2
JUDGMENT
The hearing has been conducted through video conferencing.
1. Quashing of FIR No. 494/2018, under Sections 498A/406/34 IPC, registered at police station Dabri Delhi is sought in this petition.
2. Notice issued.
3. Mr.G.M.Farooqui, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that petitioners and respondent No.2 are present through video conference and they have been identified by the Investigating Officer of this case, who is also 2021:DHC:412 present through video conferencing.
4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.
5. Petitioner No.1 is the husband and petitioner No.2 is the motherin-law of respondent No.2/complainant. Marriage between petitioner No.1 and respondent No.2 was solemnized on 26.05.1998 and they were blessed with two children out of this wedlock. However, due to stringent relationship, they started living separately since 27.11.2017, which culminated into registration of FIR in question.
6. The present petition has been filed on the ground that the matrimonial dispute between the parties has been amicably resolved and the factum of settlement stands recorded in the order of 19.10.2020 passed by the learned Principal Judge, Family Court, New Delhi. It is stated that parties now living together since 22.10.2020.
7. Respondent No.2, present in the Court, submits that the dispute with petitioners has been amicably resolved and she is happily and peacefully living with petitioner/husband and therefore, the FIR in question and proceedings emanating therefrom be quashed.
8. In view of the fact that respondent No.2, who is the complainant of FIR in question, is happily living with petitioner/husband, 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. The petition is accordingly allowed and FIR No. 494/2018, under Sections 498A/406/34 IPC, registered at police station Dabri Delhi and proceedings emanating therefrom, are hereby quashed.
10. The petition is accordingly disposed of.
11. Pending application also stands disposed of.
12. The order be uploaded on the website of this Court forthwith.
JUDGE FEBRUARY 04, 2021 r