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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.
Through: Mr.R.S. Kundu, ASC for State with SI
Omveer Singh,PS Nand Nagri,Delhi.
Respondent no.2in person.
08.09.2017 Crl.M.A.14846/2017(exemption)
Exemption allowed subjectto alljustexceptions.
Application is disposed of.
W.P.fCRLl 2590/2017
ORDER
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 by10SI Omveer Singh.
3. The petitioners have invoked the writjurisdiction ofthis court under Article 226 ofthe Constitution ofIndia read with Section 482 ofthe Code ofCriminal Procedure, 1973(in short'Cr.PC')for quashing of W.P.(CrL)No2590/2017 Page1of[3] 2017:DHC:8224 V 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/406/34IPC on the complaint ofrespondentNo.2.
4. The marriage of the petitioner no.l 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 bom 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.l 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 ofthem made a statement before the leamed 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 W.P.(CrL)No2590/2017 Page2of[3] and child and maintain them properly.The respondent no.2states 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 thatthe said FIR may be quashed.
8. Learned ASC through 10 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 fmitfiil purpose would be served in further pursuing the said FIR. Hence, to secure ends ofjustice, 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 IPG and proceedings arising outofthe said FIR are hereby quashed.
10. The petition is disposed ofaccordingly.
11. DASTI.