Delhi High Court
Anurag Sharma & Ors. vs The State & Anr. on 31 August, 2017
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1075/2017
ANURAG SHARMA & ORS. ..... Petitioners
Through: Mr. Pankaj Malik, Advocate.
versus
THE STATE & ANR. ..... Respondents
Through: Mr. R.S. Kundu, ASC for the State
with SI Sandeep Shrivastava, P.S. Maurya
Enclave, Delhi.
Mr. Manoj Sharma, Advocate alongwith
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 31.08.2017
1. Status report has been filed.
2. Respondent no. 2 is present in person. She is being represented
by her counsel. She is duly identified by the IO SI Sandeep
Shrivastava.
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.99/2014, registered against
them on 05.02.2014 with Police Station Maurya Enclave, North
West District, 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 09.07.2011 as per Hindu rites and
ceremonies. After the solemnization of marriage, the couple
started residing together at the matrimonial home. Out of this
wedlock, one male child namely Ekaagra was born on
07.09.2012.
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 on 30.03.2013.
6. The respondent No.2. lodged a complaint with CAW Cell,
Delhi which culminated into the said FIR against the
petitioners. She had also filed a petition for maintenance u/s 125
of Cr.P.C. against the petitioner No.1 before the Family Court,
Rohini, Delhi.
7. The petitioner No.1 instituted a petition u/s 9 of the Hindu
Marriage Act, 1955 for restitution of conjugal rights in the
Family Court, Gurgaon (Haryana).
8. The parties had resolved and settled all their disputes before the
Counsellor attached to the Principal Judge, Family Court, Tis
Hazari Courts, Delhi on 18.02.2017. The petitioner no.1 and
respondent no.2 have decided to live together peacefully. Both
the parties had agreed to withdraw their respective cases filed
by them.
9. Pursuant to the settlement, the respondent No.2 submits that she
had withdrawn her petition under Section 125 of Cr.P.C. The
petitioner No.1 submits that he had withdrawn his petition for
restitution of conjugal rights u/s 9 of the Hindu Marriage Act,
1955.
10. Respondent No.2 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
dispute or problem with each other and have been residing
peacefully w.e.f. 07.05.2017.
11. 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.
12. Since the parties have amicably settled all their disputes and the
petitioner No.1 and respondent no.2 have been living together
peacefully, no purpose would be served in further pursuing the
said FIR. Hence, to secure ends of justice, the FIR bearing
No.99/2014, registered on 05.02.2014 with Police Station
Maurya Enclave, North West District, Delhi, under Sections
498A/406/34 IPC and proceedings arising out of the same are
hereby quashed.
13. The petition is disposed of accordingly.
14. Order DASTI.
VINOD GOEL, J.
AUGUST 31, 2017/
"sandeep"
