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VIKRAM & ORS. ..... Petitioners
Through: Mr. Vikas Tanwar Advocate with Mr. Durgesh Pandey, Advocate along with petitioner No.1 in person.
Through: Mr. Tarang Srivastava, APP with SI Omveer Singh, P.S. Nand Nagri.
Respondent No.2 in person.
Crl.M.A. 12597/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
JUDGMENT
1. Notice. Learned APP for the State, who appears on an advance copy, accepts the notice.
2. Notice to respondent No.2 also. She is present and accepts the notice. She is duly identified by the IO SI Omveer Singh.
3. The petitioners have invoked the writ jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No.579/2015, registered on 04.06.2015 with Police Station Nand Nagri, Delhi, 2017:DHC:4785 under Sections 498A/406/354/354A/354B/313/342/34 IPC on the complaint of respondent No.2.
4. It is submitted that the marriage of petitioner No.1 with respondent No.2 was solemnized as per Muslim rites and customs on 15.04.2012 in New Delhi. Out of this wedlock, a male child Sahil was born in the month of February, 2013.
5. Petitioners no.2 and 3 are the parents of Petitioner no.1. Petitioner nos.[3] and 4 are brothers of petitioner no.1.
6. There were some disputes between the petitioner and respondent No.2 and they could not reconcile with each other. Resultantly, the respondent no.2 left the matrimonial home on 01.05.2014. She lodged the said FIR on 04.06.2015 against the petitioners. It is submitted that subsequently, parties had amicably settled all their disputes on 17.07.2017. Compromise was reduced to writing on the same day. Respondent No.2 and the petitioner No.1 present in the court submits that they are living peacefully since 15.01.2017. The respondent No.2 further states that she had amicably settled the matter with the petitioner without any force and coercion. She submits that now there is no dispute with the petitioners. She submits that she does not want to pursue the said FIR. She submits that the said FIR may be quashed.
7. Learned ASC through the IO submits that the charge sheet in the matter has been filed.
8. The parties have amicably settled their all disputes and no purpose would be served in further pursuing with the said FIR. Hence, to secure ends of justice, the FIR bearing No.579/2015, registered on 04.06.2015 with Police Station Nand Nagri, Delhi, under Sections 498A/406/354/354A/354B/313/342/34 IPC and proceedings arising out of the same are hereby quashed.
9. The petition is disposed of accordingly.
10. Order dasti VINOD GOEL, J. AUGUST 24, 2017