Delhi High Court
Chander Prakash Naweja @ Sachin & ... vs Govt Of Nct Of Delhi & Anr on 8 September, 2017
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2601/2017
CHANDER PRAKASH NAWEJA @ SACHIN & ORS... Petitioners
Through: Mr.Aditya Soni, Advocate along with
petitioner no.1 in person.
versus
GOVT OF NCT OF DELHI & ANR ..... Respondents
Through: Mr.Rajesh Mahajan, ASC for State with
Mr.Sachin Gupta, Advocate along with ASI Shri
Ram, PS Hari Nagar, Delhi.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 08.09.2017
Crl.M.A. 14894/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(CRL) 2601/2017
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 ASI Shri Ram.
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.1198/2015 registered on 26.08.2015 against them
with Police Station Hari Nagar, West District, Delhi, under Sections
498A/406/34 IPC on the complaint of respondent No.2.
4. The marriage of the petitioner no.1 and the respondent no. 2 was
solemnized on 24.07.2008 as per Hindu rites and ceremonies at New
Delhi. Out of this wedlock two children were born namely (1) Jai
Baweja (son) on 08.07.2009 (2) Khyati (daughter) on 10.12.2010.
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 on
28.03.2014 and started residing separately with her parents.
6. The respondent no. 2 lodged a complaint with CAW Cell which
culminated into said FIR.
7. On making reference by the CAW Cell, West, Kirti Nagar, Delhi, the
parties had appeared before the learned Mediator, Delhi Mediation
Centre, Tis Hazari Courts, Delhi. On 08.01.2015, the petitioner no.1
and the respondent no. 2 had resolved and settled all their disputes
before the learned Mediator. By this settlement, the petitioner no. 1
and the respondent no. 2 had decided to live together along with their
children. The petitioner no. 1 had undertaken to give due care, love
and affection to his wife and children and maintain them properly.
8. The respondent No.2 states that she had 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 for about one year and they
do not have any dispute or problem with each other. 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.
9. Learned ASC through IO submits that the charge sheet has not been
filed.
10. Since the matter has been amicably settled between the parties and
they are living together peacefully with their children, no fruitful
purpose would be served in further pursuing the said FIR. Hence, to
secure ends of justice, the FIR bearing No.1198/2015 registered on
26.08.2015 with Police Station Hari Nagar, West District, Delhi,
under Sections 498A/406/34 IPC and proceedings arising out of the
said FIR are hereby quashed.
11. The petition is disposed of accordingly.
12. DASTI.
VINOD GOEL, J.
SEPTEMBER 08, 2017
"shailendra"
