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W.P.(CRL) 2275/2017
LAKHA SINGH & ORS ..... Petitioners
Through: Mr. Shivom Garg along with petitioners in person.
Through: Ms. Srilina Roy, Advocate for Ms. Nandita Rao, ASC for the State with
Inspector Mahinder Lal, P.S. Govindpuri, Delhi.
Respondent no. 2 in person.
Crl.M.A. 12854/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
JUDGMENT
1. Status report has been filed.
2. Respondent No.2 appears in person. She is duly identified by the IO SI Dalbir Singh.
3. The petitioners have invoked the writ jurisdiction of this court under Article 226/227 of the Constitution of India read with 2017:DHC:4967 Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No.941/2014, registered on 09.09.2014 with Police Station Govind Puri, Delhi, under Sections 498A/406/34 IPC, on the complaint of respondent No.2.
4. The marriage of petitioner No.1 with respondent No.2 was solemnized on 25.11.1998 as per Sikh rites, customs and ceremonies. Out of this wedlock, two children namely Harpreet Kaur and Master Ramandeep Singh were born on 25.12.1999 and 07.09.2010 respectively.
5. Due to some temperamental differences between the petitioner No.1 and respondent No.2, they could not reconcile with each other. Resultantly, the respondent No.2 lodged a complaint in CAW Cell which culminated into the said FIR. She had also filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short ‘DV Act’) against the petitioners before the learned MM, Mahila Courts, Saket New Delhi. She also preferred a petition under Section 125 of Cr.P.C. against the petitioner No.1 before Principal Judge, Family Court, South East, Saket, New Delhi.
6. On 30.06.2017, the respondent No.2 had settled all her disputes with the petitioners. They have decided to live together peacefully. Respondent No.2 present in the court states that she has settled the matter with the petitioners voluntarily, without any force or coercion. She further submits that she had withdrawn her both the petitions under Section 12 of the D.V.Act and under Section 125 of the Cr.P.C. She further submits that she is residing with the petitioner No.1 for the last about 3 years peacefully. Petitioner No.1 and respondent No.2 submit that now they do not have any problem or dispute with each other. The respondents No.2 submits that in view of the settlement dated 30.06.2017, she does not want to pursue the said FIR. She submits that the said FIR may be quashed.
7. Learned counsel appearing for the State submits that charge sheet has already been filed against the petitioners.
8. Since the parties have amicably settled their all disputes, no purpose would be served in further pursuing with the said FIR. Hence, to secure ends of justice, the FIR bearing No.941/2014, registered on 09.09.2014 with Police Station Govind Puri, Delhi, under Sections 498A/406/34 IPC and proceedings arising out of the same are hereby quashed.
9. The petition is disposed of accordingly.