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#32 HIGH COURT OF DELHI
Date of Decision: 03.06.2016
ASHOK KUMAR GOYAL & ORS ..... Petitioners
Through Mr. Amit Rao, Advocate
Through Ms. Kamna Vohra, ASC (Crl.)
SI L.N. Saini, PS K.N Katju Marg
SIDDHARTH MRIDUL, J (ORAL)
JUDGMENT
1. Exemptions granted subject to all just exceptions.
2. The application is disposed of accordingly. W.P.(CRL) 1838/2016
1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No. 1118/2014, under Sections 498A/406/34 IPC, 2016:DHC:4732-DB registered at Police Station- K.N. Katju Marg, Delhi and the proceedings arising therefrom.
2. The facts in brief are that on 19th June, 1998, the petitioner No.1 (husband) married respondent No.2 (wife) according to Hindu customs, rites and ceremonies in Delhi. Two children namely Shivani Goyal (daughter aged 17 years at present) and Shivam Goyal (son aged 15 years at present) were born out of the said wedlock. Owing to ideological and temperamental differences, the parties to the marriage have been living separately since the year 2014. On a complaint filed by the respondent No.2 (wife) against her husband (petitioner No.1) and his family members, the subject FIR was registered.
3. It is nothing but good news as appositely stated by Ms. Kamna Vohra, learned Additional Standing Counsel (Criminal) appearing on behalf of the police. It is further stated that the petitioner-husband as well as the complainant-wife on account of whose matrimonial discord, the subject FIR came to be registered, have reconciled their differences and have been living together happily, once again since 28th April, 2016 in order to keep the family together.
4. Smt. Sangeeta Goyal, respondent No.2/complainant, who is present in Court and has been duly identified by IO- S.I. L.N. Saini, Police Station- K.N. Katju Marg, Delhi, states that in view of the settlement arrived at between the parties, she is no longer keen to proceed with the subject FIR and the proceedings arising therefrom.
5. It would only be fair and appropriate to enable the couple to renew their vows and attempt to live happily ever after.
6. Consequently, while wishing the reunited couple a long and happy life, it would be just expedient and necessary to remove the only road-block that may become an obstacle in their path of happiness.
7. Resultantly, FIR No. 1118/2014, under Section 498A/406/34 IPC, registered at Police Station- K.N. Katju Marg, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners.
8. With the above directions, the writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J JUNE 03, 2016 sd