Rajesh Arya & Ors. v. State Govt of NCT of Delhi & Ors.

1 The present petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.514/2007 lodged by respondent No.2/compiainant, against her husband, petitioner No.l, and his family members, under Sections 498A/406/34 IPG, registered with PS Hazrat Nizamuddin, Delhi, and all proceedings arising therefrom.

2. Counsel for the petitioners states that the marriage of petitioner No.l and respondent No.2/complainant was solemnized on 22.11.2004. On 24.2.2006, the couple was blessed with a baby girl. Thereafter, as certain disputes and differences arose between CRL.M.C. 227/2011 Page 1 of[3] } 2011:DHC:12329 petitioner No.l and respondent No.2/complainant, in January, 2007 the latter lodged the aforesaid complaint against the petitioners, which was followed by another complaint filed by her against the petitioners In July, 2007 under the Protection of Women from Domestic Violence Act, 2005. in March, 2008, petitioner No.l filed aguardianship petition before the Guardian Judge, TIs Hazarl Courts. After Investigation was completed on the BR, acharge sheet was filed on 10.07.2008.

3. It is stated that during the pendency of the aforesaid proceedings, with the intervention of relatives and well wishers, the parties have arrived at an annicable settlement and have now reconciled all their disputes and differences, as a result of which, petitioner No.l and respondent No.2/complainant are residing together at Delhi with their minor child, since 1.8.2010. Hence, the petitioners seek quashing of the aforesaid FIR.

4. Respondent No.2/complainant, who is present in Court, confirms the aforesaid position. She states that she has arrived at the aforesaid settlement with petitioner No.l of her own free will and volition and without any undue influence or coercion from any quarter. She further states that she has no objection to the quashing of the aforesaid FIR, lodged by her, as she and the minor child are living peacefully CRL.M.C. 227/2011 2 of[3] with petitioner No.l at the matrimonial home and that she has no grievance remaining against the petitioners.

5. Learned APP for the State, on instruction from the Investigating Officer, confirms the fact that the parties have arrived at a settlement and are now living together. He, therefore, does not oppose the prayer made in the present petition.

6. Having regard to the aforesaid submission made by the counsel for the petitioners and taking into consideration the fact that petitioner No.l and respondent No.2/complainant are now cohabiting at their matrimonial residence, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

7. Accordingly, the prayer made in the petition is allowed and the FIR No.514/2007 lodged by respondent No.2/complainant with PS Hazrat Nizamuddin, Delhi and all proceedings arising therefrom are quashed.

8. The petition is disposed of along with the pending applications. File be consigned to the record room. (t: HIMA KOHLI,J JANUARY 27, 2011 sk CRL.M.C. 227/2011 >