Delhi High Court
Anil Kumar & Ors vs The State & Anr. on 31 August, 2017
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1331/2017
ANIL KUMAR & ORS ..... Petitioners
Through: Mr.Sandeep Jain, Adv. With
Mr.Rajesh Kumar, Adv. along with
petitioners in person.
versus
THE STATE & ANR. ..... Respondents
Through: Mr.Rajesh Mahajan, ASC for the
State with SI Faizan, P.S. Ghazipur.
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 duly identified by
the IO SI Faizan.
2. 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. 279/2016, registered
against them on 04.06.2016 with Police Station Ghazipur,
Delhi, under Sections 498A/328/34 IPC, on the complaint of
respondent No.2.
3. Petitioners no. 2 and 3 are parents of petitioner no. 1, the
petitioner no. 4 is the sister of petitioner no. 1 and the petitioner
no. 5 is the brother of petitioner no.1.
4. The marriage of the petitioner No.1 with the respondent no. 2
was solemnized on 26.01.2011 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 Darshan was born.
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 4.6.2016.
6. The respondent No.2. lodged a complaint with CAW Cell,
Delhi which culminated into the said FIR against the
petitioners.
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, East District, Vishwas Nagar, Delhi.
8. On making reference by the court, both the parties appeared
before the Counselling Cell, Family Courts, East District,
Vishwas Nagar, Delhi. On 03.03.2017, both the parties
resolved and settled all their disputes before the learned
Principal Counsellor. The petitioner no.1 and respondent no.2
had decided to live together peacefully. The petitioner no.1 had
agreed to pay Rs.1200/- per month to the respondent no.2 by
10th of each English Calendar Month.
9. Pursuant to the settlement, the petitioner no.1 submits that he
had withdrawn his petition u/s 9 of the Hindu Marriage Act,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. She further states that she has been receiving
Rs.1200/- per month from the petitioner no.1 as agreed. Both of
them submit that now they do not have any dispute or problem
with each other and are residing peacefully since 03.03.2017
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. Learned ASC through the IO submits that the charge sheet has
so far not been filed.
13. Since the parties have amicably settled all their disputes and the
petitioner No.1 and respondent no.2 are living together
peacefully, no purpose would be served in further pursuing the
said FIR. Hence, to secure ends of justice, the FIR bearing No.
279/2016, registered against them on 04.06.2016 with Police
Station Ghazipur, Delhi, under Sections 498A/328/34 IPC and
proceedings arising out of the same are hereby quashed.
14. The petition is disposed of accordingly.
15. Order DASTI.
VINOD GOEL, J.
AUGUST 31, 2017/jitender
