Sanjay Kumar & Anr. v. N.C.T. of Delhi & Anr.

Delhi High Court · 06 Dec 2019 · 2019:DHC:6737
Brijesh Sethi
W.P.(CRL) 3413/2019
2019:DHC:6737
criminal petition_allowed

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR under Sections 498A, 406, and 34 IPC on the ground of amicable settlement, allowing revival if disputes recur.

Full Text
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W.P.(CRL) 3413/2019 1
HIGH COURT OF DELHI
Date of Decision: December 06, 2019
W.P.(CRL) 3413/2019
SANJAY KUMAR & ANR. ..... Petitioners
Through: Ms. Richa Dewan, Mr. Gaurav Aggarwal & Ms. Somya Goel, Advocates with petitioners in person.
VERSUS
N.C.T. OF DELHI & ANR. ..... Respondent
Through: Mr. G.M. Farooqui, Additional Public Prosecutor for respondent
No.1 /State with SI Jitender Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 534/2013, under Sections 498A/406/34 IPC, registered at police station Sangam Vihar, Delhi is sought on the ground that the matrimonial dispute stands amicably resolved between the parties and petitioner No.1/husband and respondent No.2/wife are living happily together.
Notice.
Mr. G.M. Farooqui, learned Additional Public Prosecutor for respondent No.1/State, accepts notice and submits that petitioners as well
2019:DHC:6737
W.P.(CRL) 3413/2019 2 as respondent No.2/complainant are present in the Court and they have been duly identified by Investigating Officer of this case.
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 No.1/husband and therefore, to restore cordiality between the parties, the FIR in question and proceedings emanating therefrom be quashed.
In view of the fact that respondent No.2, who is the complainant of
FIR in question, is happily living with petitioner/husband, FIR No.
534/2013, under Sections 498A/406/34 IPC, registered at police station
Sangam Vihar, Delhi and proceedings emanating therefrom, are hereby quashed qua petitioners while making it clear that if the marriage of respondent No.2/complainant with petitioner No.1/husband gets into rough weather, she would be at liberty to revive these proceedings.
This petition and application stand disposed of accordingly.
Dasti.
(BRIJESH SETHI)
JUDGE
DECEMBER 06, 2019 r 2019:DHC:6737