Lallan Jha & Ors. v. State & Anr.

Delhi High Court · 18 Mar 2016 · 2016:DHC:2332-DB
Siddharth Mridul
W.P. (CRL) 867/2016
2016:DHC:2332-DB
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following reconciliation between the married parties and withdrawal of related domestic violence proceedings.

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W.P. (CRL) 867/2016
#31 HIGH COURT OF DELHI
Date of Decision: 18.03.2016
W.P.(CRL) 867/2016
LALLAN JHA & ORS ..... Petitioners
Through: Ms. Chandrani Prasad, Advocate
VERSUS
STATE & ANR ..... Respondents
Through: Ms. Kamna Vohra, ASC (Criminal) with SI S.P. Singh, PS- Sangam Vihar for R-1
Mr. Virender Tarun, Advocate for R-2
CORAM:
HON’BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.4754/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 867/2016
JUDGMENT

1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking 2016:DHC:2332-DB quashing of FIR No.80/2015, under Section 498A/406/34 IPC, registered at Police Station- Sangam Vihar and the proceedings arising therefrom.

2. It is nothing but good news as appositely stated by Ms. Kamna Vohra, learned Additional Standing Counsel (Criminal) appearing on behalf of the police. It is further stated that the petitioner-husband as well as the complainant-wife on account of whose matrimonial discord the subject FIR came to be registered, have reconciled their differences and have been living together happily, once again since 07.08.2015.

3. It would only be fair and appropriate to enable the couple to renew their vows and attempt to live happily ever after. I am also informed at the Bar that the petition under the provisions of Protection of Women from Domestic Violence Act, 2005 which was instituted by the respondent No.2/wife has since been withdrawn unconditionally.

4. Consequently, 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.

5. Resultantly, 80/2015, under Section 498A/406/34 IPC, registered at Police Station- Sangam Vihar and the proceedings arising therefrom are hereby set aside and quashed qua the petitioner.

6. The writ petition is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J MARCH 18, 2016 dn