SHIVAM Vs. NCT OF DELHI

JUDGEMENT

(1.) THE petitioner No. 1 and petitioner No. 6 are present with their counsel. The learned counsel for the petitioners contend that the petitioner No. 1 and petitioner No. 6 have resolved their disputes and now they have started living together since 18th June, 2008. It is contended that the parties are living together also because of the welfare of their minor girl child named Lovely. In the circumstances, it is contended that no useful purpose shall be served in continuing the proceedings pursuant to FIR No. 269/2008 under Section 498a/406 of ipc registered at Police Station Najafgarh, Delhi. It is also contended that continuation of FIR and proceedings pursuant thereto will rather be detrimental for the future matrimonial peace of petitioner No. 1 and petitioner No. 6. Let the statement of petitioner No. 6, Smt. Poonam be recorded. Statement of petitioner No. 6 has been recorded. Petitioner no. 6 is identified by the learned counsel for the petitioners. The petition filed by the petitioners including petitioner No. 1 and petitioner No. 6 is signed by them and is also supported by their affidavits. Considering the facts and circumstances it is apparent that the petitioner No. 6 has started living with the petitioner no. 1 on her own free will and without any undue pressure of any type from any one. In the circumstances, it will not serve any useful purpose in continuing the proceedings emanating from the FIR No. 269/2008 under Section 498a/406 of IPC registered at Police Station Najafgarh, Delhi. Since the husband and wife have started living together and they also have a minor daughter named Lovely, it will be in the interest of justice if the FIR No. 269/2008 under Section 498a/406 of IPC registered at Police Station Najafgarh, Delhi and all the proceedings emanating therefrom are quashed as continuation of proceedings may not be conducive for future matrimonial peace between the parties. The Learned additional Public Prosecutor, Mr. Vats, also has no objection to the quashing of the FIR and all the proceedings emanating therefrom against the petitioner Nos. 1 to 5 and petitioner No. 7. Therefore, in the totality of facts and circumstances, FIR No. 269/2008 under Section 498a/406 of IPC registered at Police Station Najafgarh, Delhi, and all the proceedings emanating therefrom against the said petitioners are quashed. The petition is disposed of.