Delhi High Court
Satnam Singh & Ors vs State Of Nct Of Delhi & Anr on 6 September, 2017
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1586/2017 & Crl.M.A. 8848/2017 (stay)
SATNAM SINGH & ORS ..... Petitioners
Through: Mr.Manoj Kumar Sharma,
Advocate along with petitioners in person.
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Through: Mr.Sanjay Lao, ASC for State
with SI Jyoti, PS Rajouri Garden, Delhi.
Respondent no. 2 in person along with her
father.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 06.09.2017
1. Status report has been filed.
2. Respondent No.2 is present along with her father. She is duly
identified by the IO SI Jyoti.
3. The petitioners have invoked the writ jurisdiction of this court
under Article 226 of the Constitution of India read with Section
482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.')
for quashing of the FIR bearing No. 1284/2015, registered
against them on 01.09.2015 with Police Station Rajouri Garden,
Delhi under Sections 498A/406/34 IPC on the complaint of
respondent No.2.
4. Petitioner No. 2 is the mother petitioner no.1 and petitioner no.3
is the brother of petitioner no.1.
5. The marriage of the petitioner No.1 with the respondent no. 2
was solemnized on 20.10.2013 as per Hindu rites and
ceremonies at Jhansi.
6. After solemnization of marriage, the couple started living at the
matrimonial home. 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 09.08.2014 and started living with
her parents.
7. Respondent No.2 also filed a petition for maintenance u/s 125
of Cr.P.C against the petitioner No.1 in the court of learned
Principal Judge, Family Courts, Delhi. She preferred a petition
under Section 12 of The Protection of Women from Domestic
Violence Act, 2005 (hereinafter referred to as the 'DV Act')
against the petitioners in the court of learned MM, Mahila
Court, West District, Tis Hazari Courts, Delhi. She lodged a
complaint which culminated into the said FIR.
8. Subsequently, the parties had amicably settled and resolved all
their disputes on the intervention of family friends, nears and
dears. Pursuant to this settlement, the respondent no. 2 and the
petitioner no. 1 started residing together w.e.f. 01.10.2015.
Thereafter, out of this wedlock, one male child namely Master
Gurdev Singh was born on 28.08.2016.
9. The respondent No.2 states that she had voluntarily resolved all
disputes with the petitioners without any coercion or force.
10. Pursuant to this settlement, the respondent no. 2 submits that
she had withdrawn both her petitions filed under Section 12 of
D.V. Act on 22.12.2015 and 125 of Cr.PC on 12.02.2016 from
the concerned courts.
11. Petitioner no. 1 and the respondent no.2 submit that since
01.10.2015 they have been residing peacefully and now they do
not have any dispute or difference and problem with each other.
Respondent no. 2 submits that 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. Both the parties submit that now nothing is due and recoverable
by them against each other. The matter had been amicably
settled between the parties and no fruitful purpose would be
served in further pursuing the said FIR. Hence, to secure ends
of justice, the FIR bearing No. 1284/2015, registered on
01.09.2015 with Police Station Rajouri Garden, Delhi under
Sections 498A/406/34 IPC and proceedings arising out of the
said FIR are hereby quashed.
14. The petition and pending application are disposed of
accordingly.
15. DASTI.
VINOD GOEL, J.
SEPTEMBER 06, 2017
"shailendra"
