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Rakesh Kumar Garg vs State & Ors. on 30 March, 2012

Delhi High Court Rakesh Kumar Garg vs State & Ors. on 30 March, 2012Author: Suresh Kait

$~19

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1106/2012

% Judgment delivered on: 30th March, 2012

RAKESH KUMAR GARG ….. Petitioner Through : Mr. S.A. Rajput, Adv. with petitioner in person.

versus

STATE & ORS. ….. Respondent Through : Mr. Navin Shrama, APP for State with IO/SI Mr. R.K. Sharma.

Respondent No.2 in person.

CORAM:

HON’BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CRL. M.As 3907-08/2012 (Exemption)

Allowed subject to all just exceptions. CRL. M.C. 1106/2012

1 Notice issued.

2 Mr. Navin Sharma, learned APP for State accepts notice on behalf of State.

3 With the consent of learned counsels for the parties, the instant petition is taken up today for final disposal.

Crl.M.C.1106 /2012 Page 1 of 3 4 Ld. counsel for the petitioner submits that vide the instant petition, the petitioner has sought quashing of FIR No. 228/2011, registered for the offences punishable under Sections 498A/406/354/34 Indian Penal Code, 1860 at P.S. Ranhola on the complaint of respondent No.2/complainant against the petitioner.

5 Further submits that the matter has amicably been settled between the parties and petitioner and respondent No.2 are living happily as husband and wife. In view of amicable settlement arrived at between the parties and in view of the fact that both are residing together as husband and wife, the above mentioned FIR be quashed in the interest of justice.

6 Respondent No.2 is present in the court today. She has been duly identified by IO/SI S.K. Sharma.

7 Respondent No.2 submits that she is happily residing together with her husband i.e petitioner in the instant petition. She has settled all the disputes with petitioner and has no objection if the FIR is quashed.

8 Ld. APP for State submits that the investigation of the case is still pending and Charge-sheet has not been filed in the trial court.

9 Further submits that in view of the fact that both the parties are residing together as husband and wife, the instant petition be allowed in the interest of justice.

10 Keeping in view the facts and circumstances of the case, statement of respondent No.2 and in the interest of justice, I hereby quash FIR No. 228/2011, registered at P.S. Ranhola and all the proceedings emanating

Crl.M.C.1106 /2012 Page 2 of 3 therefrom.

11 Crl. M.C. 1106/2012 is allowed on above terms.

12 Dasti.

SURESH KAIT, J

MARCH 30, 2012

j

Crl.M.C.1106 /2012 Page 3 of 3

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