NASEEM Vs. STATE

JUDGEMENT

(1.) The Petitioner No. 1 husband and petitioner No. 4 wife/complainant have made a statement on oath that they have amicably resolved all their disputes and differences. It is stated that they are living together for the last about 8 months-.They pray that FIR No. 165/ 2000 registered under Sections 406/498-A IPC with P.S. Kalyan Puri may be quashed. Learned counsel has also made a statement without oath.

(2.) The FIR mentioned above and the proceedings arising therefrom were on account of matrimonial acrimony. It is appreciable that inspite of litigation and a criminal case, the couple has managed to resolve their disputes and differences and have decided to start their life afresh. The society as well as State must support them in their effort and nothing should come in their way so as to disturb their matrimonial life. In my view, the continuation of the criminal case arising out of the complaint made by petitioner No. 4 is not at all in the interests of justice and rather it shall be an abuse of the process of law because now, the complainant herself is not interested in the prosecution thereof.

(3.) In the result, the petition is allowed and the FIR No. 165/2000 registered under Sections 406/498-A 1PC with P.S. Kalyan Puri, are quashed. 10.05.2001 Crl.M.(M) 4648/2000 Joint statement of Mr. Mohd. Naseem (Petitioner No. I), S/o Mr. Abdnt Humeed. R/0 House No. 110, Guli No. 4, Kabir Nagar, Shuhdaru, Delhi on S.A. and Ms. Shama (Petitioner No. 4) W/0 Mohd. Nuseem. R/o H.No. 110, Guli No. 4, Kabir Nagar, Shahdara, Delhi on S.A and Mr. S.Q. Kazini with Mr. Faluk Mohd. counsel/or the petitioners without oath.