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Charu Jain v. Chakresh Jain

Charu Jain v. Chakresh Jain

(High Court Of Delhi)

Criminal Miscellaneous (Main) No. 561 Of 1991 | 07-05-1971

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 498A. 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.

Advocate List
  • For the Appearing Parties Anil Soni, S.C.Jain, Advocates.
Bench
  • HON'BLE MR. JUSTICE R.L. GUPTA
Eq Citations
  • 45 (1991) DLT 517
  • LQ/DelHC/1971/173
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashment of criminal proceedings — Where husband and wife have started living together, it will not serve any useful purpose if the prosecution of respondents is allowed to continue — FIR and proceedings based on it quashed — Dowry Prohibition Act, 1961, Ss. 498-A, 406, 323 and 324 r/w S. 34