Delhi High Court - Orders
Kapil Goel And Ors vs State And Anr on 5 September, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6423/2023 & CRL.M.A. 24073/2023
KAPIL GOEL AND ORS. ..... Petitioners
Through: Mr. Ankit Gupta, Ms. Samiksha Garg,
Advocates
M.No.9717134040
versus
STATE AND ANR. ..... Respondents
Through: Mr. Yudhvir Singh Chauhan, APP for
State with SI Deshraj, P.S. Mohan
Garden
Mr. Ramangal Kumar, Advocate for
R-2 with R-2 in person
M.No.9871211544
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 05.09.2023
[Through Hybrid Mode]
1. The present petition is filed under Article 227of the Constitution read with section 482 Cr.P.C. for quashing of FIR bearing no.0291/2019 registered under sections 498A/406/34 IPC at P.S. Mohan Garden along with consequential proceedings.
2. Issue notice.
3. Mr. Yudhvir Singh Chauhan, Additional Public Prosecutor assisted by Investigating Officer, SI Deshraj, P.S. Mohan Garden accepts notice on behalf of the respondent no.1/State. The respondent no.2 is present in person along with counsel and accepts notice.
4. The petitioner no.1 and the respondent no.2 got married at Delhi according to Hindu Rites and Ceremonies on 29.01.2007 and two children This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:52:07 were born out of their marriage. The petitioner no.1 and the respondent no.2 due to matrimonial differences started to live separately from each other since 2018 without any co-habitation.
5. The respondent no.2 filed a petition under section 12 of Protection of Women from Domestic Violence Act, 2005 titled as Sandhya Goel V Kapil Goel & Ors. in MC bearing no.205/2018 which was stated to be pending in the Court of Ms. Divya Malhotra, MM (Mahila Court), South West District, Dwarka Courts, Delhi. It is stated that the respondent no.2 has already withdrawn the said petition.
6. The respondent no.2 got registered FIR bearing no. 0291/2019 under sections 498A/406/34 IPC at P.S. Mohan Garden wherein the petitioners were implicated. After completion of the investigation, the charge-sheet was filed and the trial is stated to be pending in the Court of Ms. S. S. Tripathy, MM (Mahila Court), South-West District, Dwarka Courts, Delhi. The petitioner nos.2 to 5 are the family members/relatives of the petitioner no.1. The petitioners and the respondent no.2 are identified by Investigating Officer, SI Deshraj, P.S. Mohan Garden as well as by their respective counsel.
7. The respective counsel for the petitioners and the respondent no.2 stated that the petitioner no.1 and the respondent no.2 after addressing the matrimonial differences have decided to live together and they are living together since April, 2023 with mutual love, affection and understanding in their matrimonial life as such the present petition be allowed and FIR bearing no.0291/2019 along with consequential proceedings.
8. The respondent no.2 stated that after settling the matrimonial differences, the petitioner no.1 and the respondent no.2 are living happily in This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:52:07 their matrimonial home. The respondent no.2 also stated that she has settled with the petitioner no.1 out her own free will and without any force, fear and coercion and she does not have any objection if the present petition is allowed and FIR bearing no. 0291/2019 registered under sections 498A/406/34 IPC at P.S. Mohan Garden is quashed along with consequential proceedings.
9. The Additional Public Prosecutor for the State/respondent no. 1 stated that the petitioner no. 1 and the respondent no. 2 are living together after forgetting their past differences with mutual love, affection and understanding as such, he does not have any objection if the present petition is allowed and FIR bearing no. 0291/2019 along with consequential proceedings is quashed.
10. The counsel for the petitioners stated that in para nos.6 and 7 of the petition due to bona fide mistake, wrong facts are mentioned and same to be treated as deleted from the petition. The para nos.6 and 7 of the petition are treated to be deleted from the petition.
11. The petitioner no. 1 and the respondent no. 2 got married on 29.01.2007 and due to matrimonial differences, the respondent no. 2 got registered the present FIR wherein the petitioners were implicated. The petitioner no. 1 and the respondent no. 2 are living together since April, 2023. No useful purpose shall be served if the trial arising out of FIR bearing no. 0291/2019 is allowed to be continued and it would be an exeries in futility.
12. After considering all facts and in the interest of justice, the present petition is allowed and FIR bearing no. 0291/2019 registered under sections 498A/406/34 IPC at P.S. Mohan Garden is quashed along with This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:52:07 consequential proceeding including judicial proceedings stated to be pending in the Court of Ms. S. S. Tripathy, MM (Mahila Court), South-West District, Dwarka Courts, Delhi.
DR. SUDHIR KUMAR JAIN, J SEPTEMBER 5, 2023/j/sd This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:52:07