Delhi High Court - Orders
Ashok Kumar & Ors vs State Of Nct Of Delhi & Anr on 1 February, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 205/2022
ASHOK KUMAR & ORS. .... Petitioner
Represented by: Mr. Sanjay Kumar,
Advocate with petitioners
in person.
versus
STATE OF NCT OF DELHI & ANR. .... Respondent
Represented by: Ms. Kamna Vohra, ASC
for the State with SI
Sandeep Singh, PS
Swaroop Nagar.
Mr. Ravi Mahajan,
Advocate for R-2 along
with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 01.02.2022 The hearing has been conducted through Video Conferencing. CRL.M.A. 1945/2022 (exemption)
1. Exemption allowed subject to just exceptions.
2. Application is disposed of.
W.P.(CRL) 205/2022
1. By this petition the petitioners seek quashing of FIR No.377/2019, under Sections 323/324/354B/506/34 IPC, registered at PS Swaroop Nagar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have entered into a settlement.
2. Notice.
3. Ms. Kamna Vohra, learned Additional Standing Counsel for the Signature Not Verified Digitally Signed By:JUSTICE W.P.(CRL) 205/2022 Page 1 of 4 MUKTA GUPTA Signing Date:01.02.2022 21:40:32 State accepts notice.
4. On instructions from Investigating Officer she submits that in the above-noted FIR the four petitioners are the accused and respondent No.2 is the only complainant/ victim, no other person is involved and the charge sheet has been filed keeping all these four petitioners in Column No.11. However, no cognizance on the charge sheet has been taken as yet since it was filed only on 21st January, 2022.
5. In the above noted FIR, respondent No.2, who is wife of petitioner No.1, stated that she got married to petitioner No.1 on 13th December, 2010. On 29th October, 2012 a baby boy namely Ayan was born from the wedlock. When the child was 9-10 months, her husband joined New India Assurance Company whereafter the behaviour of petitioner No.1 and petitioner No.3, that is the mother-in-law changed and they started beating her stating that she came from a poor family and pressurized her to bring money. She was thrown out of the matrimonial home on 5th February, 2018 and not being able to face public, the complainant stayed at her Uncle's house for three months, she went to her native village and lodged the FIR. Thereafter, the petitioner No.1 settled the matter and took her back to matrimonial home. However, there was no significant change of behaviour. On 15th June, 2019 the petitioner No.1 and petitioner No.4 assaulted her for no fault of her and thus she made a PCR call. Her MLC was also prepared. The complainant thereafter lodged the FIR.
6. During the pendency of the investigation, parties arrived at a settlement vide a Compromise Deed dated 8th October, 2021, copy whereof is annexed as Annexure P-2 to the present petition.
Signature Not Verified Digitally Signed By:JUSTICEW.P.(CRL) 205/2022 Page 2 of 4 MUKTA GUPTA Signing Date:01.02.2022 21:40:32
7. Respondent No.2 who is present through video conferencing and is identified by the learned counsel and the Investigating Officer states that she has entered into a Settlement vide Compromise Deed dated 8th October, 2021 and is now living with the petitioner No.1 on a separate floor in the matrimonial home since 15th May, 2021. She states that in view of the settlement arrived at between the parties she does not wish to pursue the above noted FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties. She further states that she will make her best endeavour to ensure peaceful and happy married life.
8. Petitioners who are present through video conferencing and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. The petitioners further state that they will make their best endeavour and ensure that there is no cause of grievance to the respondent No.2.
9. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
10. Consequently, FIR No.377/2019, under Sections 323/324/ 354B/506/34 IPC, registered at PS Swaroop Nagar and proceedings pursuant thereto are hereby quashed.
11. Petition is disposed of.
Signature Not Verified Digitally Signed By:JUSTICEW.P.(CRL) 205/2022 Page 3 of 4 MUKTA GUPTA Signing Date:01.02.2022 21:40:32
12. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
FEBRUARY 01, 2022 vk Signature Not Verified Digitally Signed By:JUSTICE W.P.(CRL) 205/2022 Page 4 of 4 MUKTA GUPTA Signing Date:01.02.2022 21:40:32