LAWS(DLH)-2019-3-189

DHEERAJ JAGGI & ORS Vs. STATE & ANR

Decided On March 29, 2019
Dheeraj Jaggi And Ors Appellant
V/S
State And Anr Respondents

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 08.10.2008. The said parties separated from each other on 05.01.2011. On 11.03.2014, the second respondent lodged first information report (FIR) no.52/2014 with police station CAW Cell Nanak Pura, alleging offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC) against her husband (first petitioner), his father (second petitioner), his mother (third petitioner) and his sisters (fourth to seventh petitioners). On conclusion of the investigation, police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which cognizance was taken, the said matter being pending on the file of the Metropolitan Magistrate.

(2.) The parties were referred to Delhi High Court Legal Services Committee where they agreed to amicably resolve the dispute by entering into a settlement agreement on 11.08.2014 in terms of which they were to approach, as per the timelines indicated, the appropriate forum for obtaining a decree of divorce, they also having agreed inter alia for the criminal case arising out of the aforementioned FIR to be sought to be quashed.

(3.) The petition, thus, has been moved before this court invoking Section 482 Cr.PC seeking quashing of the FIR no.52/2014 under Sections 406, 498A, 34 IPC of Police Station CAW Cell, Nanak Pura.