Delhi High Court
Ashish @ Gaurav & Ors. vs State on 31 August, 2017
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2071/2017
ASHISH @ GAURAV & ORS. ..... Petitioners
Through: Mr.Arvind Kumar, Advocate along
with petitioners in person.
versus
STATE ..... Respondents
Through: Mr.Siddarth Sindhu, Advocate for
Mr.Sanjay Lao, ASC for the State with SI
Saroj, PS Kashmere Gate, Delhi.
Ms.Sneha Upadhyay, Advocate for R-2
along with respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 31.08.2017
1. Respondent no. 2 is present in person. She is being represented
by her counsel. She is duly identified by the IO SI Saroj.
2. 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. 40/2015,
registered on 20.01.2015 with Police Station Kashmere Gate,
Delhi, under Sections 498A/34 IPC on the complaint of
respondent No.2.
3. The marriage of the petitioner No.1 with the respondent no. 2
was solemnized on 23.11.2012 as per Hindu rites and
ceremonies. After the solemnization of marriage, the couple
started residing at the matrimonial home. Out of this wedlock,
one female child namely Kavya was born on 17.12.2013.
4. 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.
5. The respondent No.2. lodged a complaint with CAW Cell,
Delhi which culminated into the said FIR against the
petitioners.
6. Petitioner no. 2 is the mother of petitioner no. 1, the petitioner
no. 3 is the brother of petitioner no. 1 and the petitioner no. 4 is
the wife of petitioner no.3.
7. On making a reference by the court, both the parties appeared
before the learned Mediator, Delhi Mediation Centre, Tis
Hazari Courts, Delhi. On 05.07.2017, 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. The petitioner no. 1 and the respondent
no. 2 submit that now they do not have any problem or dispute
with each other and are living peacefully since 15.07.2017.
8. 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 ASC through the IO submits that the charge sheet has
not been filed.
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. 40/2015,
registered on 20.01.2015 with Police Station Kashmere Gate,
Delhi, under Sections 498A/34 IPC and proceedings arising out
of the same are hereby quashed.
11. The petition is disposed of accordingly.
12. Order DASTI.
VINOD GOEL, J.
AUGUST 31, 2017
"shailendra"
