Vinod Kumar & Ors vs State Govt Of Nct Of Delhi & Ors on 12 September, 2017

$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3702/2017
VINOD KUMAR ORS ….. Petitioners
Through: Mr.Pravesh Kumar, Advocate with
petitioners in person.

versus

STATE GOVT OF NCT OF DELHI ORS ….. Respondents
Through: Mr.Amit Chadha, APP for State with
ASI Vinod Kumar Tyagi, CAW Cell/East, PS
Vivek Vihar, Delhi.
Ms.Sandhya Singh, Advocate for R-2 along with
respondent no. 2 in person.

CORAM:
HON’BLE MR. JUSTICE VINOD GOEL
ORDER

% 12.09.2017
Crl.M.A. 15062/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.

CRL.M.C. 3702/2017

1. Notice. Learned APP, who appears on an advance copy having been
served, accepts notice.

2. Notice to respondent no. 2 also. She appears in person and accepts
notice. She is being represented by her counsel. She is duly
identified by IO ASI Vinod Kumar Tyagi.

3. The petitioners have approached this court under Section 482 of the
Code of Criminal Procedure, 1973 (in short ‘
Cr.PC’) for quashing of

Crl.M.C. No. 3702/2017 Page 1 of 3
the FIR bearing No. 343/2013, registered against them on 11.09.2013
with Police Station Vivek Vihar, East District, Delhi, under
Sections
406/
498A/34 IPC on the complaint of respondent No.2.

4. The marriage of the petitioner No.1 with the respondent no. 2 was
solemnized on 15.12.2002 as per Hindu rites and ceremonies. After
the solemnization of marriage, the couple started residing at the
matrimonial home. However, out of this wedlock no child was born.

5. Due to some temperamental differences between them, they could not
reconcile with each other. Resultantly, the respondent no.2 left the
matrimonial home in the year 2012 and started residing separately.

6. The respondent no. 2 lodged a complaint in CAW Cell which
culminated into the said FIR. She had filed a petition under
Section
12 of the Protection of Women from
Domestic Violence Act, 2005 (in
short ‘
DV Act’) against the petitioner before the court of learned MM,
Karkardooma Courts, Delhi. The petitioner No.1 had preferred a
petition for divorce under
Section 13 (1) (i-a) of Hindu Marriage Act,
1955 (in short ‘HM Act’) against the respondent No.2 before the
Principal Judge, Family Courts, Karkardooma Courts, Delhi.

7. On making reference by the learned MM, Karkardooma Courts, Delhi
the petitioner No.1 and respondent No.2 had appeared before the
learned Mediator in Delhi Mediation Centre, Karkardooma Courts,
Delhi. On 28.09.2016, they had amicably resolved and settled all
their disputes before the learned Mediator. They had decided to live
together peacefully. The respondent No.2 had agreed to withdraw her
petition u/s 12 of
D.V. Act. The petitioner No.1 had also agreed to
withdraw his petition under
Section 13 (1) (i-a) of H.M. Act.

Crl.M.C. No. 3702/2017 Page 2 of 3

8. The respondent no. 2 submits that she had withdrawn her petition
filed under
Section 12 of DV Act. The petitioner no. 1 submits that
he had also withdrawn his petition filed under
Section 13 (1) (i-a) of
HM Act.

9. The petitioner No.1 and respondent No.2 submit that they have been
residing together peacefully for about one year. They submit that now
they do not have any dispute or problem with each other.

10. The respondent No.2 submits that she had voluntarily settled the
matter with the petitioner without any force or coercion. She submits
that in view of the settlement she does not want to pursue the said
FIR. She submits that the said FIR may be quashed.

11. Learned APP through IO submits that the charge sheet has already
been filed.

12. Since the parties have amicably settled all their disputes, no fruitful
purpose would be served in further pursuing the said FIR. Hence, to
secure ends of justice, the FIR bearing No. 343/2013, registered on
11.09.2013 with Police Station Vivek Vihar, East Delhi District,
Delhi, under
Sections 406/498A/34 IPC and proceedings arising out
of the said FIR are hereby quashed.

13. The petition is disposed of accordingly.

14. DASTI.

VINOD GOEL, J.

SEPTEMBER 12, 2017
“sandeep”

Crl.M.C. No. 3702/2017 Page 3 of 3

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