IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 168   OF 2012 (@ SPECIAL LEAVE PETITION(CRL.)NO.804 OF 2011)

RAJIV SAXENA & ORS. ... APPELLANTS

VERSUS

STATE (NCT OF DELHI) & ANR. ... RESPONDENTS

O R D E R

1. Leave granted. 2. This  appeal is  directed against  the judgment  and order  

passed by the High Court of Delhi in Criminal Misc.C.No.3420 of 2010  

dated  1.11.2010.

3. The  learned  Magistrate  has  taken  cognizance  of  the  

offences pleaded in the F.I.R. under Sections 498A, 496 read with  

Section 34 of the Indian Penal Code.  Aggrieved by the same, the  

appellant  had  approached  the  High  Court  by  filing  the  Criminal  

Misc.C.No.3420 of 2010 and in that he had stated that parties have  

settled  the  matter  and,  therefore,  the  proceedings  before  the  

learned Magistrate need not be continued and the same requires to be  

quashed.  The High Court, in the impugned judgment has observed that  

since the respondent-wife, is not appearing before the High Court,  

the request of the appellant cannot be granted.

4. This Court, while entertaining the Special Leave Petition  

had issued notices to the respondents.  Respondent-wife has entered  

appearance  through  her  learned  counsel.  She  has  also  filed  the  

counter  affidavit.  In  that  she  states  that  the  request  of  the  

appellant may be granted.

5. The respondent-wife is also present before the Court.  She  

is agreeable for the request made by her husband.

: 2 :

6. In view of the above, the request of the appellant is  

granted and the proceedings before the learned Magistrate in Case  

No.31  of  2008  dated  16.6.2008,  District  South  West,  P.S.CAW  

Nanakpura, New Delhi are quashed. Appeal is disposed of accordingly.

Ordered accordingly.  

...................J. (H.L. DATTU)

...................J. (SWATANTER KUMAR)

NEW DELHI; JANAURY 16, 2012