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Sh.Aman Kaushik & Ors. vs State & Anr. on 3 December, 2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: December 03, 2019

+ W.P.(CRL) 2406/2019
SH. AMAN KAUSHIK ORS. ….. Petitioners
Through: Mr. Manish Kumar, Advocate with
petitioners in person

Versus

STATE ANR. ….. Respondents
Through: Ms. Charu Chaudhary, Advocate
for Ms.Richa Kapoor, Additional
Standing Counsel for respondent
No.1/State with SI Radha Sharma
Respondent No.2 in person.

CORAM:
HON’BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral)

Crl.M.A. 41737/2019
Petitioners are seeking preponment of hearing in the main petition
on the ground that subject matter of dispute inter se parties stands
amicably resolved between the parties and, therefore, no useful purpose
would be served in keeping this petition pending.

Notice.

Ms. Charu Chaudhary, Advocate appearing for Ms.Richa Kapoor,
Additional Standing Counsel for respondent No.1/State, accepts notice.

W.P.(CRL) 2406/2019 1

Heard.

The application is allowed and the main petition is taken up for
hearing today itself.

The application is disposed of.

W.P.(CRL) 2406/2019 Crl.M.A. 41737/2019

Quashing of FIR No. 132/2017, under Sections 498A/Section406/Section34 IPC,
registered at Crime Against Women Cell, Nanakpura, New Delhi is
sought on the ground that the matrimonial dispute stands amicably
resolved between the parties and petitioner No.1/husband and respondent
No.2/wife are living happily together.

Notice.

Ms. Charu Chaudhary, Advocate appearing for Ms.Richa Kapoor,
Additional Standing Counsel for respondent No.1/State, accepts notice
and submits that petitioners as well as respondent No.2/complainant are
present in the Court and they have been duly identified by Investigating
Officer of this case.

Respondent No.2, present in the Court, submits that the dispute
with petitioners has been amicably resolved and she is happily and
peacefully living with petitioner No.1/husband and therefore, to restore
cordiality between the parties, the FIR in question and proceedings
emanating therefrom be quashed.

In view of the fact that respondent No.2, who is the complainant of
FIR in question, is happily living with petitioner/husband, FIR No.
132/2017, under Sections 498A/Section406/Section34 IPC, registered at Crime Against
W.P.(CRL) 2406/2019 2
Women Cell, Nanakpura, New Delhi and proceedings emanating
therefrom, are hereby quashed qua petitioners while making it clear that if
the marriage of respondent No.2/complainant with petitioner
No.1/husband gets into rough weather, she would be at liberty to revive
these proceedings.

This petition and application stand disposed of accordingly.

(BRIJESH SETHI)
JUDGE
DECEMBER 03, 2019
r

W.P.(CRL) 2406/2019 3

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