Amiteshkumar@Guddu Singh v. State Govt of NCT of Delhi & Anr

Delhi High Court · 10 Mar 2015 · 2015:DHC:10753
Manmohan Singh
CRL.M.C.943/2015
2015:DHC:10753
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, and 34 IPC following an amicable settlement and resumption of cohabitation between the parties, granting liberty to file fresh complaints if needed.

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* IN THE HIGH COURT QF DELHI AT NEW DELHI
: + CRL.M.C.943/2015
AMITESHKUMAR@GUDDU SINGH Petitioner
Through Mr.Manoranjan Kumar,Adv.
VERSUS
STATE GOVT OF NCT OF DELHI& ANR Respondents
Through Mr.Ravi Nayak,AFP for the State along with SI Mohd.Razaq,PS
CWC Nanakpura,in person.
^ RespondentNo.2in person.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
% 10.03.2015 i
Crl.M.A.No.3542/2015(exemption)
Exemption allowed,subjecttojust exceptions.
The application is disposed of.
; Crl.M.C.No.943/2015
^ The presentpetition has been filed bythe petitioner under Section482
Cr.P.C.for quashing ofFIRNo.68/2014,under Sections498-A/406/34IPC, registered at P.S.CWC Nanakpura, Delhi on the complaint of respondent
No.2.
Brieffacts ofthe case are that respondent No.2 got married with the petitioneron9^^July,2008. A malechild,namely,MasterAnkitSingh was bom outofthis wedlock. Asthe disputesarosebetweenthem,onthebasis
2015:DHC:10753
9^ ofthe complaint made by respondent No. 2,the aforesaid FIR was lodged against the petitioner on 28 March, 2014. It is stated that during the pendency ofthese proceedings,the parties have settled their disputes during the mediation proceedings before Patna High Court Judicature at Patna on th
ORDER

12 December,2014. Copy ofthe Memorandum ofAgreement is placed on the record which is duly signed by the parties. The said settlement has been acted upon between the parties. Respondent No.2 has already withdrawn her application under Section 125 Cr.P.C. as well as her domestic violence case against the petitioner and his family members. As per the settlement, they are now residing in the same house as husband and wife. The petitioner is present in Court who is duly identified by his counsel. Respondent No.2 is also present who is identified by the 10. She has confirmed the settlement and states that the matter has been settled with her own consent and now she is residing happily with her husband,i.e. the petitioner herein. She further states that she has now no grievance left againstthe petitioner and she wishes to withdraw the complaintfiled by her againstthe petitioner. However,she seeks a liberty to file a fresh complaint in case of any incident of the nature for which the complaint was earlier filed by her. In view ofthe above facts and as petitioner/husband and respondent No.2/wife are living together peacefully,Iam ofthe opinion that no useful purpose would be served in continuing theproceedings arising out ofthe above said FIR. Accordingly, the FIR No.68/2014, under Sections 498- A/406/34 IPC,registered at P.S.CWC Nanakpura,Delhi and proceedings pursuanttheretoareherebyquashedquathepetitioner. Libertyassoughtby respondent No.2is granted..V

2. The petition is accordingly disposed of.