Gulshan Joon & Ors. v. The State (NCT of Delhi) & Anr

Delhi High Court · 18 Mar 2016 · 2016:DHC:2330-DB
Siddharth Mridul
W.P.(CRL) 883/2016
2016:DHC:2330-DB
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 406, 498A, and 34 IPC following the complainant's settlement with the accused and her withdrawal of prosecution.

Full Text
Translation output
Writ Petition (Crl.) 883/2016 #40 HIGH COURT OF DELHI
Date of Decision: 18th MARCH, 2016
W.P.(CRL) 883/2016 and Crl. MA No. 4809/2016 (Exemption)
GULSHAN JOON & ORS ..... Petitioners
Through Mr. Pradeep Ahlawat, Advocate along with petitioners
VERSUS
THE STATE (NCT OF DELHI) & ANR ..... Respondents
Through Mr. Ashish Aggarwal, Addl. Standing Counsel (Crl.)
SI Deepak, PS SP Badli Mr. Avinash Yadav, Adv. for Resp. no. 2/complainant along with
Resp. no. 2/complainant
CORAM:
HON’BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A. No. 4809/2016 (Exemption)
JUDGMENT

1. Exemptions allowed subject to all just exceptions.

2. The application stands disposed of. W.P. (CRL.) 883/2016

1. The present is a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking 2016:DHC:2330-DB quashing of FIR No. 964/2015 under Sections 406/498A/34 IPC registered at Police Station- Samaipur Badli, Delhi and the proceedings arising therefrom.

2. Ms. Pinki Rana, respondent no. 2/complainant (wife) in the subject FIR, who is present in person in Court today and has been identified by the Investigating Officer in the subject FIR namely, SI Deepak, Police Station- Samaipur Badli, Delhi, states that she has settled all her outstanding matrimonial disputes with her husband- Gulshan Joon as well as the other petitioners, who are her in-laws. She further states that she has been living with her husband happily since 8th September, 2015, after the subject FIR came to be registered and in view of the same, she is no longer keen to proceed with the subject FIR and the proceedings emanating therefrom.

3. Notice.

4. Mr. Ashish Aggarwal, learned Additional Standing Counsel (Crl.) appearing on behalf of the official respondent accepts notice and fairly does not oppose the petition in view of the facts and circumstances afore-stated.

5. It would only be fair and appropriate to enable the couple to renew their vows and live happily ever after.

6. While wishing the reunited couple a long and happy life, it would be just, expedient and necessary to remove the only road-block that may become an obstacle in their path of happiness. In view of the foregoing, I see no impediment in allowing the present writ petition.

7. Resultantly, the FIR No. 964/2015 under Sections 406/498A/34 IPC registered at Police Station- Samaipur Badli, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua the petitioners.

8. With the above directions, the writ petition is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J MARCH 18, 2016 sd