Ranjeet Prasad & Ors. vs State & Anr.
2017 Latest Caselaw 4604 Del

$~36
*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(CRL) 2459/2017
         RANJEET PRASAD & ORS.                  ..... Petitioners
                      Through: Mr. D.K. Sharma, Advocate along
                      with petitioners in person.

                            versus

         STATE & ANR.                               ..... Respondents
                            Through: Mr. Anya Singh, Advocate for
                            Mr.Avi Singh, ASC for the State with SI
                            Kamlesh, PS Sagarpur, Delhi.
                            Respondent No.2 in person.
         CORAM:
         HON'BLE MR. JUSTICE VINOD GOEL
                 ORDER

% 30.08.2017 Crl.M.A. 14083/2017 (exemption) Exemption allowed subject to all just exceptions. Application is disposed of.

W.P.(CRL) 2459/2017

1. Notice. Learned APP, who appears on an advance copy having been served, accepts notice.

2. Notice to respondent no. 2 also. She is present in court and accepts notice. She is duly identified by IO SI Kamlesh.

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. 397/2016, registered on 06.10.2016 with Police Station Sagar Pur, South West, Delhi, 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 14.07.2013 as per Hindu rites and ceremonies. After the solemnization of marriage, the couple started residing at the matrimonial home. Out of this wedlock, one male child namely Avasyu was born on 01.07.2014.

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 alongwith child.

6. The respondent No.2. lodged a complaint with CAW Cell, Delhi which culminated into the said FIR against the petitioners. She has also filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short 'DV Act') against the petitioners No.4 to 6. The petitioner No.1 has also preferred a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against the respondent No.2.

7. The petitioners No.2 and 3 are the parents of petitioner No.1, petitioner No.4 is the sister of petitioner No.1, petitioner No.5 is the cousin sister (nand) of petitioner No.1, petitioners No.6 and 7 are the brothers of petitioner No.1, petitioner No.8 is a distant relative of petitioners No.1 to 7.

8. On making a reference by the learned Family Court, both the parties appeared before the learned Mediator, Delhi Mediation Centre, Patiala House Court, New Delhi. On 18.01.2017, both the parties resolved and settled all their disputes before the learned Mediator. The petitioner No. 1 and respondent No.2 have decided to live together. Respondent No.2 present in the court states that she has settled the matter with the petitioners voluntarily, without any force or coercion.

9. Pursuant to the settlement between the parties, the petitioner No.1 has withdrawn his petition under Section 9 of the Hindu Marriage Act, 1955. The respondent No.2 present in the court states that she had also withdrawn her petition under Section 12 of the D.V. Act. Respondent No.2 submits that pursuant to the settlement she has been residing peacefully with the petitioner no.1 since 18.01.2017. The petitioner No.1 has also agreed to deposit Rs.5000/- every month in the saving bank account of the respondent No.2 which is being maintained by her with Syndicate Bank, Indra Park Branch, New Delhi, within one week from the date of receipt of his salary. She 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.

10. Learned ASC through the IO submits that the charge sheet has so far not been filed.

11. 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. 397/2016,

registered on 06.10.2016 with Police Station Sagar Pur, South West, Delhi, under Sections 498A, 406/34 IPC and proceedings arising out of the same are hereby quashed.

12. The petition is disposed of accordingly.

13. Order DASTI.

VINOD GOEL, J.

AUGUST 30, 2017 "sandeep"