Delhi High Court
Naresh Kumar & Anr. vs The State (Govt. Of Nct Of Delhi) & ... on 22 August, 2017
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2375/2017
NARESH KUMAR & ANR. ..... Petitioners
Through: Mr. R.P.S. Sirohi, Advocate with
Mr. Naresh Kumar, Advocate along with
petitioner No.1 in person.
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR.
..... Respondents
Through: Mr. Sanjay Lao ASC with
Mr.Siddharth Sandhu, Advocate along with
SI Anita, PS Pashim Vihar, Delhi.
Mr.Rajendra Singh, Advocate for R-2 along
with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 22.08.2017
Crl.M.A. 13502/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(CRL) 2375/2017
1. Notice. Learned ASC for the State, who appears on an advance
copy, accepts the notice.
2. Notice to respondent No.2 also. She is present and accepts the
notice. She is being represented by her counsel. She is duly
identified by the IO SI Anita.
3. The petitioners have invoked the writ jurisdiction of this court
under Article 226 of the Constitution of India for quashing of
the FIR bearing No.218/2016, registered on 26.04.2016 with
Police Station Paschim Vihar, Delhi (West District), under
Sections 498A/406/34 IPC on the complaint of respondent
No.2.
4. The marriage of the petitioner No.1 with the respondent no. 2
was solemnized on 27.11.2004 as per Hindu rites and
ceremonies. Out of this wedlock, three children Master
Deepanshu (now aged 10 years), daughter Nancy (now aged 8
years) and another daughter Shivani (now aged 4 years) were
born.
5. Due to some temperamental differences between the petitioner
No.1 and the respondent no.2, they could not reconcile with
each other. Resultantly, the respondent no.2 left the matrimonial
home in the year 2015 and started living with her parents.
6. The respondent No.2 filed a complaint No.87 of 2016 with
CAW Cell, West District, Delhi on 08.02.2016 which
culminated into the said FIR against the petitioners. Respondent
No.2 also filed a petition for maintenance u/s 125 of the Code of
Criminal Procedure, 1973 (in short Cr.P.C) against the
petitioner No.1 on 23.12.2015 in the court of learned Principal
Judge, Family Courts, West District, Delhi, bearing No.MT-
05/2016.
7. However, the parties have resolved and settled all their disputes
before the learned Principal Counsellor, Family Court on
08.09.2016. They started living together peacefully since
25.08.2016. Their statements were recorded by learned
Principal Judge, Family court, on 10.01.2017 to this effect.
8. The petitioner No.1 and respondent No.2 are present in the
court and both submit that they are residing together peacefully
with their children. The respondent No.2 submits that she had
withdrawn her petition u/s 125 Cr.P.C. filed before the learned
Principal Judge, Family Court (West), Tis Hazari, Delhi, on
10.01.2017. She submits that she does not want to pursue the
said FIR. She submits that the said FIR may be quashed.
9. Learned ASC through the IO submits that the charge sheet has
so far not been filed.
10. The parties have amicably settled their all disputes and no
purpose would be served in further pursuing with the said FIR.
Hence, to secure ends of justice, the FIR bearing No.218/2016,
registered on 26.04.2016 with Police Station Paschim Vihar,
Delhi (West District), under Sections 498A/406/34 and
proceedings arising out of the same are hereby quashed.
11. The petition is disposed of accordingly.
12. Order dasti
VINOD GOEL, J.
AUGUST 22, 2017/sandeep
