Rahul Singh & ORS v. State ( Govt Of NCT Of Delhi) & ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5131/2018 & C.M.No.33767/2018 RAHUL SINGH & ORS ..... Petitioner Through Mr.Vijay Kinger with Ms.Shivani, Advs.

versus STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Mr.Mukesh Kumar, APP with Mr.Bhopal Singh, ASI, P.S.-Shakarpur.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 22.10.2018 1.

The petitioners have filed the present petition, praying for quashing of FIR No.2341/2014 lodged against them by the respondent no.2 at P.S Shakarpur u/s 498 A, 406 & 34 of the IPC, 1860. 2.

Learned counsel for the petitioner submits that the marriage of the petitioner no.1 and respondent no.2 was solemnized on 26.04.2007 and they have a nine-year old son out of the said wedlock. He submits that the parties have resolved their differences and pursuant to a settlement dated 15.09.2016, they are happily residing together now.

3.

The petitioners as also the respondent no.2 are present in court and have been identified by the I.O.

4.

I have interacted with the respondent no.2, who is the complainant in the captioned FIR and she states that the FIR was registered at a point in time when she was being harassed by the petitioners. She further states that the said settlement has been arrived

at by her without any coercion and she is now living with the petitioners and has no surviving complaint against them. She, thus, prays that the said FIR be quashed so that her matrimonial life can run smoothly.

5.

Having considered the submissions made by the parties and perused the settlement deed dated 15.09.2016, I am of the opinion that no useful purpose will be served in case the proceedings arising out of the captioned FIR are allowed to continue as the same emanate basically out of matrimonial discord. In view of the above, the aforesaid FIR and proceedings emanating therefrom are quashed, subject to the payment of costs of Rs.10,000/- to the Delhi High Court Lawyers Welfare Trust by the petitioners within one week. 6.

Receipt of payment of costs shall be placed on record within the same time.

7.

The petition is disposed of alongwith the pending application in the above terms.

REKHA PALLI, J OCTOBER 22, 2018 sr