Delhi High Court
Amit Kumar & Ors vs The State Govt Of Nct Of Delhi & Anr on 7 September, 2017
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2590/2017
AMIT KUMAR & ORS ..... Petitioner
Through: Mr.Praveen Kumar Verma, Advocate
with Mr.Pawan Bedi, Advocate along with
petitioners in person.
versus
THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents
Through: Mr.R.S. Kundu, ASC for State with SI
Omveer Singh, PS Nand Nagri, Delhi.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 08.09.2017
Crl.M.A. 14846/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(CRL) 2590/2017
1. Notice. Learned ASC, who appears on an advance copy having been
served, accepts notice.
2. Notice to respondent no. 2 also. She appears in person and accepts
the notice. She is duly identified by IO SI Omveer Singh.
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.873/2014 registered against them on 04.09.2014
with Police Station Nand Nagri, North-East 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 06.02.2013 as per Hindu rites and ceremonies in Delhi.
Out of this wedlock one female child namely Garima Sharma was
born on 08.12.2013.
5. After solemnization of their marriage, the petitioner no. 1 and the
respondent no. 2 started residing together in 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 along with
their child in September, 2013 and started residing separately with her
parents.
6. The respondent no. 2 lodged a complaint with CAW Cell which
culminated into the said FIR. She had also filed a petition under
Section 125 of Cr.P.C. vide MT No. 673/2014 for maintenance
against the petitioner No.1 before the Principal Judge, Family Court,
(Central District) Tis Hazari Courts, Delhi.
7. During the proceedings of the petition under Section 125 of Cr.PC,
the petitioners and the respondent no. 2 had resolved and settled all
their disputes on 25.02.2015. Both of them made a statement before
the learned Principal Judge, Family Court, Central District, Delhi. By
this settlement, the petitioner no. 1 and the respondent no. 2 had
decided to live together along with their minor child. The petitioner
no. 1 had undertaken to give due care, love and affection to his wife
and child and maintain them properly. The respondent no. 2 states that
she has voluntarily settled and resolved all her disputes with the
petitioners without any force and coercion. The petitioner no. 1 and
the respondent no. 2 submit that they are now residing together
peacefully since 28.03.2015 and they do not have any dispute or
problem with each other. The respondent No.2 states that pursuant to
the settlement, she had withdrawn her petition under Section 125 of
the Cr.P.C She further submits that since she has been residing with
the petitioner no. 1 peacefully, she does not want to pursue the said
FIR. She submits that the said FIR may be quashed.
8. Learned ASC through IO submits that the charge sheet has not been
filed.
9. Since the matter has been amicably settled between the petitioner no.1
and the respondent no. 2 and they are living together peacefully with
their minor child, no fruitful purpose would be served in further
pursuing the said FIR. Hence, to secure ends of justice, the FIR
bearing No.873/2014 registered on 04.09.2014 with Police Station
Nand Nagri, North-East District, Delhi, under Sections 498A/406/34
IPC and proceedings arising out of the said FIR are hereby quashed.
10. The petition is disposed of accordingly.
11. DASTI.
VINOD GOEL, J.
SEPTEMBER 08, 2017
"shailendra"
