Delhi High Court
Ravi Shankar @ Harish & Ors vs State Govt Of Nct Of Delhi & Anr on 30 August, 2017
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2457/2017
RAVI SHANKAR @ HARISH & ORS ..... Petitioners
Through: Mr. Ankur Sood, Advocate with
Ms. Kirat Randhawa, Advocate.
versus
STATE GOVT OF NCT OF DELHI & ANR..... Respondents
Through: Mr. Rajesh Mahajan, ASC for the
State with Mr. Sachin Gupta, Advocate with
SI Jagdeep, P.S. Swaroop Nagar, Delhi.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 30.08.2017
Crl.M.A. 14071/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(CRL) 2457/2017
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 duly identified by the IO SI Jagdeep.
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.371 /2014, registered
against them on 08.08.2014 with Police Station Sawroop Nagar,
North West District, 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 29.02.2012 as per Hindu rites and ceremonies.
Out of this wedlock, one female child was born.
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 left the matrimonial
home in the year 2013. She filed a complaint on 10.08.2013
which culminated into the said FIR against the petitioners.
6. The petitioner No.2 is the mother of petitioner No.1.
7. In the month of October, 2014, the respondent No.2 and the
petitioner No.1 had amicably resolved and settled all their
disputes and differences. They had decided to live together
peacefully. The Respondent No.2 and the petitioners No.1 & 2
submit that they now have no dispute with each other.
8. Pursuant to the settlement of the parties, respondent No.2
present in the court states that she had settled the matter with
the petitioners voluntarily, without any force or coercion. The
petitioner No.1 and respondent No.2 submit that since October,
2014 they have been residing together peacefully and do not
have any problem or dispute with each other. The respondent
no. 2 submits that in view of the settlement, she does not want
to pursue the said FIR. She submits that the said FIR may be
quashed.
9. Learned counsel appearing for the State through the IO submits
that the charge sheet has already been filed only against
petitioners No.1 & 2.
10. 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.371 /2014,
registered on 08.08.2014 with Police Station Sawroop Nagar,
North West District, Delhi, under Sections 498A/406/34 IPC
and proceedings arising out of the same are hereby quashed.
11. The petition is disposed of accordingly.
12. Dasti.
VINOD GOEL, J.
AUGUST 30, 2017
"sandeep"
