Delhi High Court
Lakha Singh & Ors vs State Govt Of Nct Of Delhi & Anr on 30 August, 2017
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2275/2017
LAKHA SINGH & ORS ..... Petitioners
Through: Mr. Shivom Garg along with
petitioners in person.
versus
STATE GOVT OF NCT OF DELHI & ANR..... Respondents
Through: Ms. Srilina Roy, Advocate for Ms.
Nandita Rao, ASC for the State with
Inspector Mahinder Lal, P.S. Govindpuri,
Delhi.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 30.08.2017
Crl.M.A. 12854/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(CRL) 2275/2017
1. Status report has been filed.
2. Respondent No.2 appears in person. She is duly identified by
the IO SI Dalbir Singh.
3. The petitioners have invoked the writ jurisdiction of this court
under Article 226/227 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.941/2014,
registered on 09.09.2014 with Police Station Govind Puri,
Delhi, under Sections 498A/406/34 IPC, on the complaint of
respondent No.2.
4. The marriage of petitioner No.1 with respondent No.2 was
solemnized on 25.11.1998 as per Sikh rites, customs and
ceremonies. Out of this wedlock, two children namely Harpreet
Kaur and Master Ramandeep Singh were born on 25.12.1999
and 07.09.2010 respectively.
5. Due to some temperamental differences between the petitioner
No.1 and respondent No.2, they could not reconcile with each
other. Resultantly, the respondent No.2 lodged a complaint in
CAW Cell which culminated into the said FIR. She had also
filed a petition under Section 12 of the Protection of Women
from Domestic Violence Act, 2005 (in short 'DV Act') against
the petitioners before the learned MM, Mahila Courts, Saket
New Delhi. She also preferred a petition under Section 125 of
Cr.P.C. against the petitioner No.1 before Principal Judge,
Family Court, South East, Saket, New Delhi.
6. On 30.06.2017, the respondent No.2 had settled all her disputes
with the petitioners. They have decided to live together
peacefully. Respondent No.2 present in the court states that she
has settled the matter with the petitioners voluntarily, without
any force or coercion. She further submits that she had
withdrawn her both the petitions under Section 12 of the
D.V.Act and under Section 125 of the Cr.P.C. She further
submits that she is residing with the petitioner No.1 for the last
about 3 years peacefully. Petitioner No.1 and respondent No.2
submit that now they do not have any problem or dispute with
each other. The respondents No.2 submits that in view of the
settlement dated 30.06.2017, she does not want to pursue the
said FIR. She submits that the said FIR may be quashed.
7. Learned counsel appearing for the State submits that charge
sheet has already been filed against the petitioners.
8. Since the parties have amicably settled their all disputes, no
purpose would be served in further pursuing with the said FIR.
Hence, to secure ends of justice, the FIR bearing No.941/2014,
registered on 09.09.2014 with Police Station Govind Puri,
Delhi, under Sections 498A/406/34 IPC and proceedings arising
out of the same are hereby quashed.
9. The petition is disposed of accordingly.
VINOD GOEL, J.
AUGUST 30, 2017
"sandeep"
