Girraj & ORS. v. State & ANR.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5794/2018 & Crl.M.A. No.47528/2018 (for exemption) GIRRAJ & ORS.

..... Petitioners Through:

Mr.Satish Kumar with Mr.Shireeesh Kumar Singh & Mr.Devender Singh, Advs. with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Raghuvinder Verma, APP for the State with ASI Hari Ram, PS Rajouri Garden.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 19.11.2018 1.

Vide the present petition under Section 482 Cr.P.C, the petitioners seek quashing of FIR No.0089/2018 under Sections 498A/406/34 IPC registered at P.S. Rajouri Garden, Delhi and all proceedings emanating therefrom.

2.

Learned counsel for the petitioners submits that the marriage between the petitioner no.1 and the respondent no.2 was solemnised on 06.11.2014 as per Hindu rites and ceremonies and they were blessed with a baby girl on 13.07.2016. However, after the birth of the baby girl,

some temperamental differences arose, due to which they started living separately w.e.f. 04.07.2017, leading to the registration of the aforesaid FIR at the behest of the respondent no.2.

3.

Learned counsel for the petitioners submits that subseqeuently, with the intervention of family members, the parties have resolved all their differences and have been living together since July, 2018. He further submits that the petitioner no.1 and respondent no.2 are now leading a happy married life and therefore, prays that the aforesaid FIR and all proceedings emanating therefrom be quashed. 4.

The petitioners as also the respondent no.2 alongwith her minor daughter are present in Court and have been identified by the Investigating Officer. I have also interacted with the respondent no.2, who states that she has decided to resolve her differences with the petitioners of her own free will and is now happily residing with the petitioner no.1. She further submits that she has no complaints whatsoever against the petitioners and, therefore, does not want the aforesaid criminal proceedings to continue any further, as it will disrupt her marital life.

5.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the FIR emanates from a matrimonial dispute which already stands resolved between the parties, as a result whereof the petitioner no.1 and respondent no. 2 are now leading a happy married life, I find that no useful purpose will be served in continuing with the criminal

proceedings. In my view, the ends of justice demand that the FIR and consequential proceedings be quashed.

6.

Accordingly, the petition is allowed and the captioned FIR and all consequential proceedings are quashed.

7.

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

REKHA PALLI, J NOVEMBER 19, 2018 gm