Ensure IOs Are There When Case Is Taken Up For Hearing: DHC To Police Commissioner

The Delhi High Court recently directed the Commissioner of Delhi Police to ensure that the investigating officers involved in a case are present in court when the case is heard.

Justice Rajnish Bhatnagar expressed his displeasure with an investigating officer’s failure to respond to certain questions posed by the court, saying:

“This has become routine invariable practice that the main Investigating Officers who have investigated the case are not appearing and substitute officials are appearing on their behalf and they are not versed with the facts of the cases.”

The bench was hearing a petition filed by a husband and his family members seeking the quashing of a FIR filed by the wife in 2021 in connection with a matrimonial dispute. The FIR was filed at Mehrauli police station for violations of Sections 498A, 406, and 34 of the Indian Penal Code, 1860.

“Let the matter be brought to the notice of the Commissioner of Police, who shall immediately take action and ensure that IOs who investigated the case be present in Court when the case pertaining to the particular police station is taken up for hearing,” the bench stated.

In 2017, the couple married. During the trial, the case was settled amicably in mediation on March 9, 2022. A petition was then filed under Section 13B(2) of the Hindu Marriage Act, and the marriage was dissolved by a decree of divorce issued by the family court on February 8, 2008.

The husband and his family then petitioned the High Court to have the FIR dismissed. The parties claimed that they had settled their differences. The complainant wife also admitted that she reached an amicable settlement with the accused.

The prosecution, according to Additional Public Prosecutor Raj Kumar, has no objection to the FIR being quashed in light of the settlement.

The court granted the plea and dismissed the FIR, observing that continuing the case would serve no purpose.

“It will be nothing more than an abuse of the legal process.” As a result, this petition is granted, and FIR No.634/2021, registered at Police Station Mehrauli, Delhi, under Sections 498A/406/34 IPC, and the proceedings emanating from it, are quashed,” the bench stated.