Israr @ Sonu & Ors. v. State & Anr.

Delhi High Court · 17 Feb 2016 · 2016:DHC:1320-DB
Siddharth Mridul
W.P. (CRL) 519/2016
2016:DHC:1320-DB
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR under Sections 498A, 406, and 34 IPC following reconciliation between the married parties and withdrawal of related petitions, exercising its inherent powers under Section 482 Cr.P.C.

Full Text
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W.P. (CRL) 519/2016
#33 HIGH COURT OF DELHI
Date of Decision: 17.02.2016
W.P.(CRL) 519/2016
ISRAR @ SONU & ORS ..... Petitioners
Through: Mr. Zakir Raza, Advocate
VERSUS
STATE & ANR ..... Respondents
Through: Mr. Sanjay Lao, ASC (Criminal) with Mr. Siddharth Sindhu, Advocate and
ASI Krishan Pal, PS- Jafrabad, Delhi for R-1 Respondent No.2 in person
CORAM:
HON’BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.2852/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 519/2016
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 (Cr.P.C.) seeking quashing of FIR No.145/2015, under Section 498A/406/34 IPC, 2016:DHC:1320-DB registered at Police Station- Jafrabad, Delhi and the proceedings arising therefrom.

2. It is nothing but good news as appositely stated by Ms. Sanjay Lao, 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 06.10.2015.

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 petitions under Section 125 of Cr.P.C. and Section 12 of Protection of Women from Domestic Violence Act, 2005 instituted by the complainant-wife shall be withdrawn unconditionally as per the terms and conditions of the settlement agreement dated 06.10.2015.

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, FIR No.145/2015, under Section 498A/406/34 IPC, registered at Police Station- Jafrabad, Delhi 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 FEBRUARY 17, 2016 dn