SATAYENDER AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) BY way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No. 1025/2007 registered at Police Station Najafgarh, Delhi, for the offences punishable under Sections 498A/406/34 of the IPC and the consequential proceedings emanating therefrom against them.

(2.) LEARNED counsel appearing on behalf of the petitioners submit that the aforesaid case was registered on the complaint of respondent No. 2, namely, Smt. Menka, consequent upon certain matrimonial and domestic disputes having arisen pursuant to her marriage with the petitioner No. 1. After the investigation, police has filed the charge sheet against the petitioners and upon framing of charges by learned Trial Court, matter is pending for trial. Meanwhile, the good sense prevailed and respondent No. 2 and the petitioners have resolved their disputes and consequent thereto, the respondent No. 2 has started living with the petitioner No. 1 as his wife since last one year. Thus, respondent No. 2 has no complaints whatsoever against any of the petitioners and she does not want to pursue the case further against them.

(3.) LEARNED APP appearing on behalf of the State submits that after completion of investigation police charge -sheeted the petitioners and after framing of charges against them by learned Trial Court matter is pending for trial. She further submits that present case is a matrimonial one and since the respondent No. 2 has settled all the disputes with petitioners and joined her matrimonial house she does not wish to pursue the case further against them, no purpose would be served if the petitioners are directed to face trial. Therefore, the State has no objection, if this Court allows the present petition.