,This is a petition for an Order
FIR No.660/2015 along with the proceedings arising therefrom are set aside and quashed.
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$~30
Through: Mr Ankur Sood, Advocate.
versus
STATE ( NCT ) OF DELHI & ANR ..... Respondents Through: Ms Sumi Anand, Advocate for Mr Avi Singh, Addl. Standing Counsel (Crl.). SI Uma Datt, PS- Mangolpuri.
CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL O R D E R
The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.660/2015 under Sections 498-A/406/34 IPC registered at Police Station- Mangol Puri, Delhi and the proceedings arising therefrom.
Manoj and Pooja, petitioner No.1 and respondent No.2 respectively, were married according to Hindu rites and ceremonies on 14.02.2010. However, no child has been born out of the said wedlock. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately for the last about four years. On a complaint instituted by respondent no.2-wife, the subject FIR was registered against petitioner No.1 (husband) and petitioner No.2 (mother-in-law).
Subsequent thereto with the aid and assistance of the Delhi Mediation Centre, Rohini District Courts, Delhi, the parties to the union i.e. petitioner No. 1 (husband) and respondent No.2 (wife) have reconciled their differences and have been living together happily as husband and wife since 10.05.2015.
In view of the foregoing, the respondent No.2 (wife), who is present in
person and has been identified by the IO in the subject FIR, namely, SI Uma Datt, PS- Mangol Puri, states that she does not wish to proceed with the subject FIR and the proceedings arising therefrom.
Since the matrimonial dispute that led to the registration of the subject FIR has been amicably resolved and the parties to the marriage have since began to reside together, no useful purpose will be served by proceeding with the subject FIR.
Resultantly, FIR No.660/2015 under Sections 498-A/406/34 IPC registered at Police Station- Mangol Puri, Delhi, and the proceedings arising therefrom are hereby set aside and quashed qua the petitioners.
With the above directions the writ petition is allowed and disposed of accordingly.
Dasti .
SIDDHARTH MRIDUL, J
JANUARY 19, 2016 mk
2 issues framed by the court
Whether the FIR under Sections 498-A IPC and the ensuing proceedings quashable pursuant to Section 482 CrPC given post-facto reconciliation of spouses.
Whether the reconciliation of the parties renders the continuation of criminal proceedings under Sections 498-A/406/34 IPC unnecessary.
2 provisions across 2 enactments
Manoj Kumar & Anr
State (NCT) of Delhi & Anr
Pooja
Siddharth Mridul
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
