Delhi High Court
Ashok Kumar Goyal & Ors vs State & Anr on 3 June, 2016
#32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 03.06.2016
+ W.P.(CRL) 1838/2016 and Crl. MA No. 9544/2016
ASHOK KUMAR GOYAL & ORS ..... Petitioners
Through Mr. Amit Rao, Advocate
versus
STATE & ANR ..... Respondents
Through Ms. Kamna Vohra, ASC (Crl.)
SI L.N. Saini, PS K.N Katju Marg
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A. 9544/2016 (Exemption)
1. Exemptions granted subject to all just exceptions.
2. The application is disposed of accordingly.
W.P.(CRL) 1838/2016
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
seeking quashing of FIR No. 1118/2014, under Sections 498A/406/34 IPC,
registered at Police Station- K.N. Katju Marg, Delhi and the proceedings
arising therefrom.
2. The facts in brief are that on 19th June, 1998, the petitioner No.1
(husband) married respondent No.2 (wife) according to Hindu customs, rites
and ceremonies in Delhi. Two children namely Shivani Goyal (daughter
aged 17 years at present) and Shivam Goyal (son aged 15 years at present)
were born out of the said wedlock. Owing to ideological and temperamental
differences, the parties to the marriage have been living separately since the
year 2014. On a complaint filed by the respondent No.2 (wife) against her
husband (petitioner No.1) and his family members, the subject FIR was
registered.
3. It is nothing but good news as appositely stated by Ms. Kamna Vohra,
learned Additional Standing Counsel (Criminal) appearing on behalf of the
police. It is further stated that the petitioner-husband as well as the
complainant-wife on account of whose matrimonial discord, the subject FIR
came to be registered, have reconciled their differences and have been living
together happily, once again since 28th April, 2016 in order to keep the
family together.
4. Smt. Sangeeta Goyal, respondent No.2/complainant, who is present in
Court and has been duly identified by IO- S.I. L.N. Saini, Police Station-
K.N. Katju Marg, Delhi, states that in view of the settlement arrived at
between the parties, she is no longer keen to proceed with the subject FIR
and the proceedings arising therefrom.
5. It would only be fair and appropriate to enable the couple to renew
their vows and attempt to live happily ever after.
6. Consequently, while wishing the reunited couple a long and happy
life, it would be just expedient and necessary to remove the only road-block
that may become an obstacle in their path of happiness.
7. Resultantly, FIR No. 1118/2014, under Section 498A/406/34 IPC,
registered at Police Station- K.N. Katju Marg, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua all the petitioners.
8. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
JUNE 03, 2016
sd
