Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1106/2012
th
% Judgment delivered on: 30 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
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1106/2012
th
% Judgment delivered on: 30 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