Harish v. State

Delhi High Court · 18 Feb 2016 · 2016:DHC:1353-DB
Siddharth Mridul
Writ Petition (Crl.) 428/2016
2016:DHC:1353-DB
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 406, 498A, and 34 IPC on the ground of amicable settlement between the parties in a matrimonial dispute.

Full Text
Translation output
Writ Petition (Crl.) 428/2016 #10 HIGH COURT OF DELHI
Date of Decision: 18th FEBRUARY, 2016
W.P.(CRL) 428/2016 and Crl. MA No. 2307/2016 (Exemption)
HARISH & ORS ...... Petitioners
Through Mr. Varun Kashyap, Advocate along with petitioner no. 1
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Sanjay Lao, Addl. Standing Counsel (Crl.)
ASI Madan Mohan, PS Nangloi Respondent no. 2/complainant in- person
CORAM:
HON’BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
JUDGMENT

1. The present is a petition under Article 226 of the Constitution of India seeking quashing of FIR No. 232/2013 under Sections 406/498A/34 IPC registered at Police Station- Nangloi, Delhi and the proceedings arising therefrom.

2. Mamta Devi, respondent no. 2/complainant (wife) in the subject FIR, who is present in Court in person today and has been identified by the Investigating Officer in the subject FIR namely, ASI Madan Mohan, Police 2016:DHC:1353-DB Writ Petition (Crl.) 428/2016 Station- Nangloi, Delhi states that she has settled all her outstanding matrimonial disputes with her husband- Harish as well as the other petitioners, who are her in-laws. She further states that she has been living in her matrimonial home happily since a couple of months 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. Sanjay Lao, learned Addl. 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. In view of the foregoing, the present writ petition is allowed.

6. Resultantly, the FIR No. 232/2013 under Sections 406/498A/34 IPC registered at Police Station- Nangloi, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua the petitioners.

7. The writ petition and the pending application are disposed of accordingly.

SIDDHARTH MRIDUL, J FEBRUARY 18, 2016