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Charu JaIn Vs. Chakresh JaIn and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtDelhi High Court
Decided On
Case NumberCriminal Miscellaneous (Main) Appeal No. 561 of 1991
Judge
Reported in45(1991)DLT517
ActsCode of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC), 1860 - Sections 4984
AppellantCharu Jain
RespondentChakresh JaIn and ors.
Advocates: Anil Soni and; S.C. Jain, Advs
Excerpt:
the case discussed a petition under section 482 of the criminal procedure code, 1973, seeking to quash the proceedings under section 323, 324, 406 and 498-a of the indian penal code, 1860 - the proceedings were initiated on the basis of the complaint filed by the wife against her husband and other relatives - the proceedings were sought to be quashed on the ground of mutual consent between the parties resulting in the wife started living happily with the husband - it was held that the proceedings were required to be quashed, as the same could affect the matrimonial life of the complainant - - (2) petitioner as well as respondents 1 and 2 are present. the aforesaid fir as well as the proceedings based upon it now pending in the court of sh......has told me on enquiry that the relations now between the parties are cordial and she has been living with the husband for the last about one year happily and now there is no harassment or demand of dowry from the respondents. she actually desires that these proceedings may be quashed because it will affect her matrimonial life. in the interest of justice specially when the husband and wife have started living together, it will not serve any useful purpose if the prosecution of the respondents is allowed to continue. the aforesaid fir as well as the proceedings based upon it now pending in the court of sh. o.p. gogne, mm, delhi are hereby quashed.
Judgment:

R.L. Gupta, J.

(1) This petition under Section 482 of the Code of Criminal Procedure seeks quashing of proceedings against the respondents under Sections 498-A. 406, 323, 324 read with Section 34 of Indian Penal Code. These were initiated against the respondents on the basis of Fir No. 204 dated 10.6.85 in Ps Civil Lines by the petitioner who happens to be the wife of respondent No. 1, respondent No. 2 is brother-in-law and respondent No. 3 is father-in-law of the petitioner.

(2) Petitioner as well as respondents 1 and 2 are present. The petitioner has told me on enquiry that the relations now between the parties are cordial and she has been living with the husband for the last about one year happily and now there is no harassment or demand of dowry from the respondents. She actually desires that these proceedings may be quashed because it will affect her matrimonial life. In the interest of justice specially when the husband and wife have started living together, it will not serve any useful purpose if the prosecution of the respondents is allowed to continue. The aforesaid Fir as well as the proceedings based upon it now pending in the Court of Sh. O.P. Gogne, Mm, Delhi are hereby quashed.


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