Delhi High Court
Ram Kumar @ Ajay & Others vs State Govt Of Nct Of Delhi & Anr on 28 August, 2017
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2445/2017
RAM KUMAR @ AJAY & OTHERS ..... Petitioners
Through: Mr. Lokesh Kumar Mishra,
Advocate.
versus
STATE GOVT OF NCT OF DELHI & ANR..... Respondents
Through: Ms. Malika Parmar, Advocate for
Ms.Richa Kapoor, ASC for the State with
ASI Jitender, P.S. New Ashok Nagar, New
Delhi.
Respondents No.2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 28.08.2017
Crl.M.A. 13963/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(CRL) 2445/2017
1. Notice. Learned ASC for the State, who appears on an advance
copy, accepts the notice.
2. Notice to respondents No.2 and 3 also. They are present and
accept the notice. They are duly identified by the IO ASI
Jitender.
3. The petitioners have invoked the writ jurisdiction of this court
under Article 226 of the Constitution of India read with Section
482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC')
for quashing of the FIR bearing No.679/2014, registered on
14.06.2014 with Police Station New Ashok Nagar, Delhi, under
Sections 498A/406/34 IPC on the complaint of respondent
No.3.
4. The marriage of the petitioner No.1 with the respondent no. 2
was solemnized on 28.11.2005 as per Hindu rites and
ceremonies in Delhi. After the solemnization of marriage, the
couple started residing at the matrimonial home. Out of this
wedlock, one female child namely Varsha was born on
14.06.2007.
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 2014. The mother of the respondent No.2. i.e.
respondent No.3 lodged a complaint which culminated into the
said FIR against the petitioners.
6. On 17.02.2017, the respondents No.2 & 3 and the petitioner
no.1 amicably resolved and settled all their disputes. The
petitioner No.1 and respondent No.2 have decided to live
together. Respondent No.3 present in the court states that she
has settled the matter with the petitioner voluntarily, without
any force or coercion. Respondent No.2 submits that she has
been residing peacefully with the petitioner No.1 for about last
2 years. Both the respondents No.2 and 3 submit that in view of
the settlement dated 17.02.2017, they do not want to pursue the
said FIR. They submit that the said FIR may be quashed.
7. Learned counsel appearing for the State through the IO submits
that the charge sheet in the matter has not been filed.
8. Since the parties have amicably settled all their disputes, no
purpose would be served in further pursuing the said FIR.
Hence, to secure ends of justice, the FIR bearing No.679/2014,
registered on 14.06.2014 with Police Station New Ashok Nagar,
Delhi, under Sections 498A/406/34 IPC and proceedings arising
out of the same are hereby quashed.
9. The petition is disposed of accordingly.
10. Dasti.
VINOD GOEL, J.
AUGUST 28, 2017
"sandeep"
