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HIGH COURT OF DELHI
W.P.(CRL) 476/2018 & Crl.
M.A. No.2817/2018
YATINARORA&ORS Petitioners
Through Petitioners with their counsel Ms. Rekha Aggarwal, Adv.
STATE & ANR
W.P.(CRL) 476/2018 & Crl.
M.A. No.2817/2018
YATINARORA&ORS Petitioners
Through Petitioners with their counsel Ms. Rekha Aggarwal, Adv.
STATE & ANR
VERSUS
Respondents
Through Mr. Rajesh Mahajan, ASC for the State along with SI Shubhangi.
Complainant with her counsel Mr. P.
Banerjee, Adv.
Through Mr. Rajesh Mahajan, ASC for the State along with SI Shubhangi.
Complainant with her counsel Mr. P.
Banerjee, Adv.
W.P.(CRL) 491/2018 & Crl.
M.A. No.2914/2018
YATINARROA&ORS
Through
M.A. No.2914/2018
YATINARROA&ORS
Through
VERSUS
STATE & ANR
Through Petitioners Petitioners with their counsel Ms. Rekha Aggarwal, Adv.
Respondents Mr. Rajesh Mahajan, ASC for the State along with SI Nipendra.
Complainant with her counsel Mr. P.
Banerjee, Adv.
Through Petitioners Petitioners with their counsel Ms. Rekha Aggarwal, Adv.
Respondents Mr. Rajesh Mahajan, ASC for the State along with SI Nipendra.
Complainant with her counsel Mr. P.
Banerjee, Adv.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
16.02.2018 The petitioners are seeking quashing of the present FIR i.e. FIR
No.0033/2017 has been registered on the complaint of Ms. 'HA'
2018:DHC:8686 under Sections 498-A/406/377/354 read with Section 34 of the IPC at
Police Station Preet Vihar against the husband of the complainant as also her in-laws. The second FIR No.561/2016 has been registered on the complaint of one Ms. 'GK' (paternal aunt of Ms. 'HA') under
Sections 323/506/509 read with Section 34 of the IPC at Police
Station Madhu Vihar. Section 354 was also added pursuant to the statement of the complainant recorded under Section 164 of the
Cr.PC.
Essential it was a matrimonial dispute which has triggered all these proceedings. It is stated that the married couple i.e. Yatin Arora and Ms. 'HA' have settled their disputes and in fact they have agreed to go in for divorce by mutual consent. Their First Motion under
Section 13 (b)(i) of the HMA has been recorded and the Section
Motion will be recorded shortly thereafter. The Second Motion shall be conducted within a period of one week; learned counsel for the complainant will prepare the petition within three days and the same be signed by the husband and the Section Motion will accordingly be filed before the Court within an outer limit of one week. In terms of their settlement, they have exchanged their dowry articles. Parties have no claim or dispute left against one another. No child was bom out oftheir wedlock. They have agreed to separate.
Accordingly in the fitness of things, it would be appropriate if the prayer made in the present petitions be granted. To secure the ends of justice, FIR-No.0033/2017 registered under Sections 498-
A/406/377/354 read with Section 34 of the IPC at Police Station Preet
Vihar and FIR No.561/2016 registered under Sections 323/506/509 read with Section 34 of the IPC at Police Station Madhu Vihar and all proceedings emanating thereto are quashed. /
Petitions disposed of.
\/- INDERMEET KAUR, J FEBRUARY 16, 2018 A
16.02.2018 The petitioners are seeking quashing of the present FIR i.e. FIR
No.0033/2017 has been registered on the complaint of Ms. 'HA'
2018:DHC:8686 under Sections 498-A/406/377/354 read with Section 34 of the IPC at
Police Station Preet Vihar against the husband of the complainant as also her in-laws. The second FIR No.561/2016 has been registered on the complaint of one Ms. 'GK' (paternal aunt of Ms. 'HA') under
Sections 323/506/509 read with Section 34 of the IPC at Police
Station Madhu Vihar. Section 354 was also added pursuant to the statement of the complainant recorded under Section 164 of the
Cr.PC.
Essential it was a matrimonial dispute which has triggered all these proceedings. It is stated that the married couple i.e. Yatin Arora and Ms. 'HA' have settled their disputes and in fact they have agreed to go in for divorce by mutual consent. Their First Motion under
Section 13 (b)(i) of the HMA has been recorded and the Section
Motion will be recorded shortly thereafter. The Second Motion shall be conducted within a period of one week; learned counsel for the complainant will prepare the petition within three days and the same be signed by the husband and the Section Motion will accordingly be filed before the Court within an outer limit of one week. In terms of their settlement, they have exchanged their dowry articles. Parties have no claim or dispute left against one another. No child was bom out oftheir wedlock. They have agreed to separate.
Accordingly in the fitness of things, it would be appropriate if the prayer made in the present petitions be granted. To secure the ends of justice, FIR-No.0033/2017 registered under Sections 498-
A/406/377/354 read with Section 34 of the IPC at Police Station Preet
Vihar and FIR No.561/2016 registered under Sections 323/506/509 read with Section 34 of the IPC at Police Station Madhu Vihar and all proceedings emanating thereto are quashed. /
Petitions disposed of.
\/- INDERMEET KAUR, J FEBRUARY 16, 2018 A
JUDGMENT