The judgment cannot be altered or reviewed except to correct a clerical or arithmetical error, as per the bar under Section 362 Cr.P.C.

JUDGMENT

Subramonium Prasad, J. - CRL.M.A.705/2021 (by respondent No.2) in CRL.M.C. 314/2015

CRL.M.A.678/2021 (by respondent No.2) in CRL.M.C. 315/2015

1. These applications have been filed for recalling of order dated 28.01.2015 passed in CRL.M.C. 314/2015 and CRL.M.C 315/2015.

2. Crl.M.C. 314/2015 is directed against F.I.R. No. 412/14 registered at Police Station Vasant Vihar, New Delhi for offences under Sections 498A/406/34 IPC.

3. Crl.M.C. 315 is directed against F.I.R. No. 601/14 registered at Police Station Saket, New Delhi for offences under Sections 323/328/506 IPC.

4. These petitions arise out of the matrimonial disputes between the petitioner No.1 and the respondent No.2. The marriage of the petitioner No.1 and the respondent No. 2 was solemnized according to Hindu Rites Customs and ceremonies at Katwaria Sarai, New Delhi on 30.04.2012 and a child was born on 23.09.2013. Disputes arose between the parties and F.I.R. No. 412/14 was registered at Police Station Vasant Vihar, New Delhi for offences under Sections 498A, 406, 34 IPC. Matter was referred to mediation and a settlement was arrived at between the parties. Both the parties amicably resolved their mis-understandings and decided to live together again as husband and wife. Noticing that the petitioner and the respondent are happily residing together since 27.08.2014, this Court by an order dated 28.01.2015, on the basis of the mediation settlement and after noticing the fact that the petitioners are living together, quashed the two FIRs i.e. FIR No.412/2014, under Sections 498-A/406/34 of IPC registered at Police station Vasant Vihar, Delhi [in CRL.M.C.314/2015] and FIR No.601/2014 under Sections 323/328/506 of IPC registered at P.S. Saket, New Delhi [in CRL.M.C.315/2015]. It was noted in the said order that if the marriage of respondent No.2 with petitioner-husband again runs into rough weather, then this order will not stand in her way to have recourse to law.

5. The instant applications have been filed for recalling the order dated 28.01.2015 in CRL.M.C.314/2015 and in CRL.M.C.315/2015 on the ground that after the compromise the applicant has been treated with utmost cruelty and the order dated 28.01.2015 has been obtained by the petitioners by giving false assurances to the Court.

6. It is stated in the present application that after the FIRs were quashed second child was born and soon after the delivery of second child, the applicant/respondent No. 2 was humiliated and was severely beaten up by the petitioners. Respondent No. 2 was given a severe beating on 01.10.2015 and was thrown out from her matrimonial house, MLC was conducted, FIR No. 0017/ 2016 dated 01.03.2016 under Sections 506 IPC at P.S. South Campus was registered on the complaint of the respondent No.2. The applicant/respondent No. 2 stayed for two years in her parental house as she had been thrown out of her matrimonial house by the petitioners. It is stated that with the intervention of Mediation Cell, Patiala House Courts the applicant/respondent No. 2 went back to her matrimonial house in the year 2017. The applicant/respondent No. 2 has filed a case under Protection of Women from Domestic Violence Act, 2005. A petition for maintenance was also filed by respondent No.2 against the petitioner. With the intervention of the family members, the applicant/respondent No. 2 was once again forced to compromise with the petitioner and the applicant/respondent No. 2 had to withdraw her complaints. It is stated that on 30.08.2019, the petitioner gave a severe beating to the respondent No.2. On 19.11.2019, petitioner No.1, petitioner No. 2 (father- in-law of the respondent No. 2), and petitioner No.3 Smt. Shakuntala started beating the applicant/respondent No. 2 mercilessly. MLC was conducted and FIR No.0671/2019 dated 19.11.2019 under Sections 323/ 506 IPC was lodged at P.S. Sonipat City. The petitioner No. 1 was arrested on 19.11.2019. Thereafter, petitioner No.3 and petitioner No.2 along with the petitione