Nishat Sageer & Ors. v. State of NCT

Delhi High Court · 19 Feb 2020 · 2020:DHC:1243
Brijesh Sethi
W.P.(Crl.) 511/2020
2020:DHC:1243
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the ground of amicable settlement and peaceful cohabitation between the husband and wife.

Full Text
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W.P.(Crl.) 511/2020 1 HIGH COURT OF DELHI
Date of Decision: February 19, 2020
W.P.(CRL) 511/2020 & Crl.M.A. 3824/2020
NISHAT SAGEER & ORS. ..... Petitioner
Through: Mr. Deepak Khosla, Advocate
VERSUS
STATE OF NCT ..... Respondent
Through: Ms. Nandita Rao, Additional Standing Counsel with SI Gaurav
Chaudhary
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 383/2017, under Sections 498A/406/34 IPC, registered at police station Jamia Nagar, Delhi is sought on the ground that the matrimonial dispute stands amicably settled between the parties and petitioner No.1/-wife and petitioner No.2/husband are living together happily for last six months.
Upon notice, learned Additional Public Prosecutor for State points out that the complainant of FIR in question has been impleaded as petitioner whereas she has to be impleaded as second respondent in this petition.
Learned counsel for petitioners has placed before this Court
2020:DHC:1243 W.P.(Crl.) 511/2020 2 Amended Memo of Parties impleading complainant of FIR in question as respondent No.2, which is taken on record.
Complainant of the FIR in question, is present in the Court and she submits that the dispute with the petitioners has been amicably resolved and she is happily and peacefully living with her husband and to restore cordiality between the parties, the FIR in question and proceedings emanating therefrom be quashed.
Learned Additional Public Prosecutor for State submits that parties are present in the Court and they have been duly identified by
Investigating Officer of this case.
In view of the fact that complainant of FIR in question is happily living with petitioner/husband, FIR No. 383/2017, under Sections
498A/406/34 IPC, registered at police station Jamia Nagar, Delhi and proceedings emanating therefrom, are hereby quashed qua petitioners.
The petition alongwith pending application is disposed of accordingly.
(BRIJESH SETHI)
JUDGE
FEBRUARY 19, 2020 r 2020:DHC:1243