Order
1. Leave granted. This appeal is directed against the judgment and order passed by the High Court of Delhi in Rajiv Saxena v. State CRLMC No. 3420 of 2010 dated 1-11-2010.
2. The learned Magistrate has taken cognizance of the offences pleaded in the FIR under Sections 498-A, 496 read with Section 34 of the Penal Code, 1860. Aggrieved by the same, the appellant had approached the High Court by filing Criminal Misc. C. No. 3420 of 2010 and in that he had stated that the 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.
3. This Court, while entertaining the special leave petition had issued notices to the respondents. The 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.
4. The respondent wife is also present before the Court. She is agreeable for the request made by her husband.
5. 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, PS CAW Nanakpura, New Delhi are quashed. The appeal is disposed of accordingly. Ordered accordingly.