Hari Om & Ors vs The State Govt Of Nct Of Delhi & Ors.
2017 Latest Caselaw 4517 Del

$~29
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    W.P.(CRL) 1901/2017
         HARI OM & ORS                               ..... Petitioners
                           Through: Mr.Jagdish Singh, Advocate along
                           with petitioners in person.

                           versus

         THE STATE GOVT OF NCT OF DELHI & ORS. Respondents
                      Through: Ms.Kamna Vohra, ASC for the
                      State with SI P.L. Meena, PS Aman Vihar,
                      Delhi.
                      Mr.Rupesh Sharma, Advocate for R-3 and
                      R-4 along with respondent no. 3 and 4 in
                      person.
         CORAM:
         HON'BLE MR. JUSTICE VINOD GOEL
                 ORDER

% 28.08.2017

1. The petitioners have approached this court under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of the FIR bearing No. 848/2014, registered on 07.08.2014 with Police Station Aman Vihar, Delhi, under Sections 498A IPC on the complaint of respondent No.4.

2. The marriage of the petitioner No.1 with the respondent no. 3 was solemnized on 29.04.2013 as per Hindu rites and ceremonies at Vijay Vihar, Delhi. After the solemnization of marriage, the couple started residing at the matrimonial home. Out of this wedlock, one female child namely Harshita was born on 17.07.2017.

3. Due to some temperamental differences between the petitioner No.1 and the respondent no.3, they could not reconcile with each other. Resultantly, the respondent no.3 left the matrimonial home.

4. The mother of the respondent No.3. i.e. respondent No.4 lodged the complaint which culminated into the said FIR against the petitioners.

5. Petitioner no. 2 and 3 are the brothers of petitioner no. 1, the petitioner no. 4 is the mother of petitioner no. 1 and the petitioner no. 5 is the sister of petitioner no.1.

6. The respondent No.3 and the petitioner no. 1 have amicably resolved and settled all their disputes. The petitioner No. 1 and respondent No.3 have decided to live together. Respondent No.3 present in the court states that she has settled the matter with the petitioners voluntarily, without any force or coercion. Both of them submit that now they do not have any problem with each other.

7. Respondent No.3 submits that pursuant to the settlement she has been residing peacefully with the petitioner no.1 since 10.08.2014. Both the respondents No.3 and 4 submit that in view of the settlement, they do not want to pursue the said FIR. They submit that the said FIR may be quashed.

8. Learned ASC through the IO submits that the charge sheet has been filed but the charges have not yet been framed.

9. Since the parties have amicably settled their all disputes, no purpose would be served in further pursuing the said FIR.

Hence, to secure ends of justice, the FIR bearing No. 848/2014, registered on 07.08.2014 with Police Station Aman Vihar, Delhi, under Sections 498A IPC and proceedings arising out of the same are hereby quashed.

10. The petition is disposed of accordingly.

11. Order DASTI.

VINOD GOEL, J.

AUGUST 28, 2017 "shailendra"