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High Court of DelhiCRL.M.C./5432/2018

Neeraj Malik & ORS. v. State & ANR.

2018-10-26Hon'Ble Ms. Justice Rekha Palli2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5432/2018 NEERAJ MALIK & ORS.

..... Petitioner Through Mr.Manoj Kumar, Adv.

versus STATE & ANR.

..... Respondent Through Ms.Manjeet Arya, APP with SI Amit Solanki, PS Vasant Vihar.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 26.10.2018 1.

Vide the present petition, the petitioners seek quashing of FIR No.486/2014 registered u/s 34/406/498A of the IPC at P.S. Vasant Vihar and all criminal proceedings emanating therefrom. 2.

Mr.Manoj Kumar, learned counsel for the petitioners submits that the the petitioner no.1's marriage with the respondent no.2 was solemnized as per the Hindu Marriage Act on 24.04.2012 and they were blessed with a baby girl in January, 2013. However, due to temperamental differences, the couple started residing separately w.e.f. 01.12.2013. He submits that on 24.10.2013, respondent no.2 lodged a complaint against the petitioners leading to the filing of the aforesaid FIR. However, after the registration of the FIR, the parties with the intervention of elders have resolved their differences for the welfare of their minor child and have been happily living together for the last few months.

3.

All the petitioners and the respondent no.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2 who is a well-educated woman with a post-graduate degree and she states that she has voluntarily resolved all her differences with the petitioners and she does not want to proceed with the criminal case any further as it will create further acrimony in her matrimonial life. 4.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the parties are well educated persons and have already resolved their differences, I am of the view that no useful purpose would be served in continuing with the present proceedings.

5.

Accordingly, in the interest of justice, the petition is allowed and the captioned FIR and all consequential proceedings are quashed, subject to the petitioners paying a sum of Rs.50,000/- to the Delhi High Court Staff Welfare Fund. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer, who will produce the same before the Trial Court.

6.

The petition is disposed of in the above terms. REKHA PALLI, J OCTOBER 26, 2018 sr