Prateek Sethi & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3322/2019 PRATEEK SETHI & ORS.

..... Petitioners Through:

Mr Girish Kumar, Advocate.

versus STATE & ANR.

..... Respondents Through Mr. Rajesh Mahajan, ASC with W/SI Sushma, Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 10.01.2020 1.

The petitioner has filed the present petition, inter alia, praying that FIR No. 732/2018 under Sections 354/342/323/506 of the IPC registered with PS Uttam Nagar and all proceedings emanating therefrom, be quashed. 2.

The said FIR was registered at the instance of respondent No.2. Respondent no. 2 is present in Court and is identified by the Investigating Officer. Respondent No.2 states that the said FIR was registered in view of matrimonial dispute that had arisen with her husband (petitioner No. 1). She states that the petitioner No.1 has since apologized to her and she has accepted his apology.

3.

Although the allegations made by her are serious and this Court is not

inclined to quash the FIR in question; however, since respondent No.2 is insisting that the said FIR be quashed as she has elected to continue matrimonial relations with petitioner no. 1. In this view, this Court accepts her request for quashing the FIR in question. 4.

The petitioners is present in Court. They are identified by their counsel. Petitioner no. 1 undertakes to this Court that he will, under no circumstances, be violent with respondent No.2. He also undertakes that he will treat respondent no.2 with due respect and dignity. He has been explained the consequences of violating this undertaking. The other petitioners have also undertaken to ensure that respondent no.2 would not be ill-treated in any manner.

5.

The SHO, PS Uttam Nagar is also directed to ensure that a woman constable keeps in touch with respondent no.2 on a periodical basis, to ascertain that she is not being ill-treated. The SHO shall also provide the mobile number of police official in order to enable respondent no.2 to contact them in case of any eventuality.

6.

In view of the statement made by the respondent no.2 and the undertaking given by petitioners, this Court considers it apposite to allow the present petition.

7.

Accordingly, FIR No. 732/2018 under Sections 354/342/323/506 of the IPC registered with PS Uttam Nagar and all proceedings emanating therefrom, are quashed.

8.

The concerned parties (petitioners and respondent no.2) shall sign this

order as an acknowledgement of the statements recorded herein. VIBHU BAKHRU, J JANUARY 10, 202 DR/RK