LAWS(SC)-2012-1-71

RAJIV SAXENA Vs. STATE (NCT OF DELHI)

Decided On January 16, 2012
RAJIV SAXENA Appellant
V/S
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order passed by the High Court of Delhi in Criminal Misc.C.No.3420 of 2010 dated 1.11.2010.

(3.) The learned Magistrate has taken cognizance of the offences pleaded in the F.I.R. under Sections 498A, 496 read with Section 34 of the Indian Penal Code. Aggrieved by the same, the appellant had approached the High Court by filing the Criminal Misc.C.No.3420 of 2010 and in that he had stated that parties have settled the matter and, therefore, the proceedings before the learned Magistrate need not be continued and the same requires to be quashed. The High Court, in the impugned judgment has observed that since the respondent-wife, is not appearing before the High Court, the request of the appellant cannot be granted.