Jaykumar v. State of NCT of Delhi & Ors.

1. Present criminal writ petition has been filed by petitioner under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking a direction to quash FIR No. 1575/2015 registered at Police Station Neb Sarai under Sections 328/376/506 of the Indian Penal Code lodged against him. The petitioner also seeks a writ of habeas coipus directing his release. W.P.(CRL) No. 2994/2015 Page 1 of[4] 2015:DHC:11129-DB

2. As per the petition, marriage between the petitioner and respondent on.[5] was solemnised on 8.12.2014 at Aiya Samaj Mandir, Khirki Village, New Delhi, against the wishes oftheir parents, however, they stayed separately and did not disclose the factum of marriage to their parents. Acopy of marriage certificate has been placed on record. Thereafter the family members of respondent on.[5] started pressurising respondent no.5 to get married. In the meanwhile, respondent no.5 started residing with the petitioner. Subsequently, the parents ofrespondent no.5 took respondent no.5 away with the assurance that a proper marriage function would be held. Thereafter, as per the petitioner, respondent no.5 under the influence and in collusion with her parents lodged a false FIR against him.

3. It is the case ofthe petitioner that the petitioner and respondent no.5 had voluntarily decided to get maiTied and there was no coercion or pressure of any nature. In support of this, reliance has been placed on the photographs of marriage, which have annexed to the petition. The petitioner has also placed reliance on an application, a copy ofwhich has been filed along with the present petition, submitted by respondent no.5 to Police Station Neb Sarai wherein shehad stated that shewas residing with her husband (petitioner herein) out ofher own free will. We have heard learned counsel for the parties. We may note that the matter was first listed before this Court on 16.12.2015, when respondents no.5 and 6 were represented through counsel. We had requested the counsel to produce respondents no.5 an 6 in Court. At the second call we had taken up the matter in Chamber and interacted with respondents no.5 and 6. Thereafter the matter was adjourned for today. Meanwhile, the parties have decided to resolve the entire matter amicably.

5. Today, respondents no.5 and 6 are present in Court along with their counsel. Petitioner is also present in Court along with his counsel. 4..-N; \ r W.P.(CRL) No. 2994/2015 Page 2 of[4]

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8. Respondent no.5 and the petitioner submit that they have agreed to dissolve their marriage and they would take appropriate steps and cooperate with each other in dissolving their marriage. They further submit that they have agreed not to contact each other in future after dissolution oftheir mamage. The petitioner undertakes to the court that he does not have personal material ofrespondent no.5 including her photographs and in case any of such material, if available with him, the same shall be deleted/destroyed and shall not be used in future through any medium not limited to Whatsapp, Facebook, etc. either directly or indirectly. He further undertakes to the Court that he will not create any trouble of any nature whatsoever in the life ofrespondents no.5 and 6. Respondent no.5 also undertakes to the courtthat she will not create any trouble for the petitioner in future and in view of the settlement arrived at she does not wish to press the FIR and prays that the FIR be quashed. It is also submitted that after marriage, the petitioner and respondent no.5 had opened a joint bank account in their name and the petitioner had also taken some insurance policies in the name of respondent no.5. It is agreed that the parties will cooperate with each other for closure of joint Bank account and also for change of nomination in the insurance policy. It is also agreed that all original documents, if any, lying with the petitioner belonging to respondent no.5, shall be returned by the petitioner to respondent no.5 within three days from today.

9. Taking into consideration the peculiar facts of this case, the age of the petitioner and respondent no.5, the fact that initially the petitioner and respondent no.5 out of their own free will had decided to get married and stayed together, the fact that they have now arrived at an amicable settlement and,agreed to dissplve their marriage, we find that it would be W.P.(CRL) No. 2994/2015 Page 3 of[4] afit case to quash the FIR. Resultantly, the present criminal writ petition is allowed. FIR No.1575/2015 registered under Sections 328/376/506 of the Indian Penal Code at Police Station Neb Sarai and all the proceedings emanating therefi:om are quashed. Parties agree that since the FIR stands quashed the petitioner need not surrender and his bail bonds would stand cancelled. Petitioner and respondent no.5 shall be bound by the undertaking given to the court and any breach of undertaking shall be viewed seriously. -

10. It is made clearthat the orderpassedtoday is subjectto the condition that the parties cooperate with each other for grant of divorce and/or such other proceedings in dissolving the marriage.

11. Accordingly, criminal writ petition stands disposed of in view of above.

12. Parties shall append their signatures on the order sheet in token of their acceptance ofthe above terms.

13. Let a copy of this order be given DASTI to counsel for the parties under the signature of Court Master. G.S.SISTANI, J mCEMBER 23, 2015 SANG] rmWGIU SEHGAL,J msr W.P.(CRL) No. 2994/2015 Page 4 of[4]